On 19 February 2010, the Enlarged Board of Appeal of the European Patent Office issued the decision G 2/08 (“Dosage regime”) concerning the possible restrictions on the patentability of second and further medical uses. The Enlarged Board found that the EPC does not impose any restrictions on which feature of the second medical use that may provide novelty. This means that the decision G 2/08 largely maintains status quo for the patentability of new medical use at the EPO. However, in the future only the claim format according to Article 54(5) EPC will be allowed. The Swiss-type format can therefore no longer be used. This change is not retroactive, though, and any granted EP patents under opposition may keep the Swiss-type format.

Contact Henrik Skødt or Anne Schouboe for more information on the G 2/08 decision.