How the novelty of second or further medical use claims is assessed depends on the IPEA. The examiner at the EPO as IPEA examines the novelty of the subject-matter in view of the entry into the regional phase before the EPO and therefore will apply the principles as laid down in GL/EPO G‑VI, 7.1 and subsections. See GL/PCT‑EPO B‑VIII, 2.1, for the treatment of medical use claims by the EPO as ISA.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/g_vi_7_1.htm
Date retrieved: 17 May 2021
4 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - G Patentability
EPO PCT GL - B Search
XGL-PCT B VIII 2.1 Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body