T 0780/89 (Immunostimulant) of 12.08.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T078089.19910812
- Date of decision
- 12 August 1991
- Case number
- T 0780/89
- Petition for review of
- -
- Application number
- 85102045.3
- IPC class
- A61K 31/53
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- Bayer
- Opponent name
- -
- Board
- 3.3.02
- Headnote
1. General immunostimulation or stimulation of the body's own defences by the use of particular compounds, in conjunction with specific prophylaxis against certain infections, is to be classed as therapeutic treatment and therefore as not susceptible of industrial application in accordance with Article 52(4) EPC (point 6 of the Reasons for the Decision).
2. If an increase in meat production is merely the consequence of improved health and a lower death rate because of therapeutic treatment with a specific substance, this secondary effect does not deprive the use invention of the character of a therapeutic treatment excluded from patentability in accordance with Article 52(4), first sentence, EPC (point 7 of the Reasons for the Decision).
- Relevant legal provisions
- European Patent Convention Art 52(4) 1973
- Keywords
- Therapeutic treatment
Prophylaxis
Immunostimulation - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
1. The contested decision is set aside.
2. The matter is referred back to the Examining Division with the request that it grant a patent in accordance with the auxiliary request and an amended description.