Products that may be claimed for a further medical use 

The scope of protection of use-related product claims under Art. 54(5) is limited to the substance or composition in the context of its medical use, which confers novelty and non-obviousness, if any, on the claimed product.

This principle applies only to substances and compositions and cannot be extended to other products. A claim directed to a device for an intended medical use (e.g. pacemaker or implantable chemical sensor for use in ...) must be construed as claiming a device which is suitable for that medical use (F‑IV, 4.13).

Quick Navigation