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The difference between the credibility and the unambiguous disclosure of a therapeutic effect (T 0209/22)

The IPKat

The patent did not include any patient data for the drug combination. The prior art included a summary of the phase I clinical trial protocol. It is also possible to patent the second medical use of a known drug, e.g. in a different disease or at a different dose ( Article 54(4) EP ).

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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

The topic of prior use has been elevated to the status of a referral to the Enlarged Board of Appeal ( G1/23 ). This is one to watch for 2024. The free evaluation of evidence of prior use (T 0042/19) New EBA referral: When is prior use of a product excluded from the prior art for lack of enablement?

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