The cases decided following decision G 5/83 throw some light on the categories of novel and inventive therapeutic use for which the manufacture of a known substance or compound may be considered patentable. Manufacture of a known composition has been considered patentable for use in a new therapy where the target group to be treated was different (seronegative pigs instead of seropositive pigs; T 19/86, OJ 1989, 25), and in the case of a new therapy with a different technical effect (prevention of tooth decay by means of a known substance, but by removing plaque instead of by reducing the solubility of tooth enamel; T 290/86, OJ 1992, 414) or a new therapy with a different mode of administration (subcutaneous instead of intramuscular injection; T 51/93).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_i_c_7_2_4_a.htm
Date retrieved: 17 May 2021