EPO T 1014/24
- B. Braun Melsungen AG
Not recorded.
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Decisions and documents (1)
- 2026-08-06appeal decision
Not every step of a therapeutic method excluded under Article 53(c) EPC in which a substance is used necessarily defines, or forms part of, a "specific use" of that substance within the meaning of Article 54(5) EPC.; In order for one or more steps of such a method to do so, it is not sufficient that the substance is merely used in some way in those steps. Those steps must not only characterise the "intended therapeutic use" of the substance, but the expression "pertaining by their nature" used by the Enlarged Board in G 2/08 is understood as limiting such steps to method steps of using the substance which actually produce, or contribute to producing, the therapeutic effect to be ascribed to the substance underlying the therapeutic method. Steps which do not affect the therapeutic effect of the substance are therefore not to be regarded as defining such a specific use.; (see Reasons 2.7)
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