4.5.1 The term "therapy"
It is established case law that a prophylactic treatment, aimed at maintaining health by preventing ill effects that would otherwise arise, amounts to a method for treatment by therapy as referred to in Art. 53(c) EPC, and that therapy is not limited to treatments which restore health by curing diseases which have already arisen (see e.g., G 5/83, OJ 1985, 64). Both prophylactic and curative methods of treating disease are covered by the word therapy, since both are directed to the maintenance or restoration of health (T 19/86, OJ 1989, 24; T 290/86, OJ 1992, 414; T 438/91, T 820/92, OJ 1995, 113).
In T 2071/15 the invention concerned a dental care product for the purpose of restoring pH in the mouth, from a lower pH to neutral pH. This was held to be based on the therapeutic mechanism of action of inhibition of growth of oral bacteria, and therefore excluded.
In T 2074/22 claim 1 related to an agent for use in the prophylaxis or improvement of frailty in an elderly person. The board held that prophylaxis of frailty is previous prevention of its symptoms from being developed, and the improvement of frailty includes bringing these symptoms to fall within a normal range, as well as preventing the progression or exacerbation of the disease.