6.1.2.3 Mechanistic definitions leading to a new clinical situation

Where appropriate, medical use claims may include, in the definition of the therapeutic indication, mechanistic features relating to a mode of action underlying the therapy. However, when the mechanism is the only difference between the claimed invention and the prior art, the mechanism should not merely be an explanation of a mechanism that underlay a previous therapeutic use.

Example:

Compound X for use in inhibiting angiogenesis in the treatment of cancer

A mere pharmaceutical effect does not necessarily imply a therapeutic application. For instance, the selective occupation of a specific receptor by a given substance cannot be considered in itself to be a therapeutic application; indeed, the discovery that a substance selectively binds a receptor, even if representing an important piece of scientific knowledge, still needs to find an application in the form of a defined, real treatment of a pathological condition in order to make a technical contribution to the art and to be considered as an invention eligible for patent protection. See also see F‑IV, 4.21 for the functional definition of a pathological condition.