Topics: second medical use claim
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CD Milan, October 9, 2026, Central Revocation Action, UPC_CFI_1587/2025
Added-matter objections require identifying the extended subject-matter (Headnote 1, mn. 108 et seq.): The party alleging added matter must identify, by means of a specific comparison, the subject-matter of the original disclosure that is said to have been extended in the laterapplication or divisional patent (Art. 65(2) UPCA, Art. 123(2), 138(1)(c) EPC). A large number…
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LD Düsseldorf, May 13, 2025, decision on second medical use claims, UPC_CFI_505/2024 (sic!) [UPC_CFI_505/2023]
Requirements for the finding of infringement of second medical use claims: For a finding of infringement of second medical use claims, the claimant must show and prove (i) as an objective element, that there is either a prescription for use according to the patent, or at least additional circumstances showing that such use may be…
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