EISAI/Second medical indication G 05/83 [1979-85] EPOR B241 (1985) (European Patent Office, Enlarged Board of Appeal)

Case Description

The Enlarged Board of Appeal decided on the 5th December 1984 on the question of novelty and second medical indications. It held that a patent must not be granted for claims directed to the use of a substance or composition for the treatment of the human or animal body by therapy. However, a patent may be granted with claims directed to the use of a substance or composition for the manufacture of a medicament for a specified new and inventive therapeutic application (“Swiss claim”).

Decision Year
1985
Jurisdiction