7.2. Second (or further) medical use
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  5. I. Patentability
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  7. 7. First and second medical use
  8. 7.2. Second (or further) medical use
  9. 7.2.4 Novelty of the therapeutic application
  10. f) New therapy with a different mode of administration
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7.2.4 Novelty of the therapeutic application

Overview

f) New therapy with a different mode of administration 

You are viewing the 9th edition (2019) of this publication; for the 10th edition (2022) see here

In T 51/93 the only difference between the invention as claimed and the disclosure of D(4) was that the claim was directed to an intended method of subcutaneous administration. The board stated that a different mode of administration for a pharmaceutical could render a medical use claim drafted according to decision G 5/83 novel. Patentability should be treated as depending only on whether this modification was in fact novel and inventive. Thus, it was possible to acknowledge novelty over D(4) (see T 143/94, OJ 1996, 430).

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