Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
To benefit from the deemed novelty under Article 54(5) EPC, claims for a second medical use must relate to a specific use in a method under Article 53(c) EPC. The only reason why such claims can be patentable lies in…
Read more →In the case of a claim for a second medical use, a substance or composition within the meaning of Article 54(4) EPC is used for a specific use that is not part of the state of the art. Such a therapeutic use can be a…
Read more →Jul 21, 2025
The requirement underlying the “specific use” within the meaning of Article 54(5) EPC, as expressly concluded by the Enlarged Board in decision G 2/08, is to be interpreted only in contrast to the broad, general…
Read more →Oct 14, 2019
A device defined by a feature which can only be generated by a surgical or therapeutic step (here: an implantable device for desynchronizing the activity of pathologically active brain areas comprising means for…
Read more →Aug 1, 2010
This case (17 Ob 35/09k - 2 February 2010) concerned the infringement of a "Swiss-type" claim: "The use of an isoflavone phyto-oestrogen extract of soy or clover, for the manufacture of a medicament for administration…
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