Chapter VI – Novelty
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  7. 7. Examination of novelty
  8. 7.2 Second non‑medical use
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7. Examination of novelty

Overview

7.2 Second non‑medical use 

A claim to the use of a known compound for a particular purpose (second non-medical use) which is based on a technical effect will be interpreted by the EPO examiner as including that technical effect as a functional technical feature. The novelty of the use of the known compound for the known production of a known product cannot be deduced from a new property of the produced product. In such a case, the use of a compound for the production of a product will be interpreted as a process for production of the product with the compound. Therefore, it can be regarded as novel only if the process of production as such is novel.

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