Dosage Regime Claims in the EPO-the Dosage Regime/Abbott (G-02/08) Hearing

摘要

In November 2009 the EPO Enlarged Board of Appeal held a hearing on the manner in'which further medical uses of known drugs could be claimed. In 1985 it had allowed "Swiss-type" use claims, but art.54(5) EPC 2000 introduced the alternative of purpose-limited product claims. The legislators considered the new claims to be equivalent to the "Swiss-type" claims, an issue that was central to the discussions at the hearing. This article provides an overview of the main arguments presented at the hearing by the EPO President and the patent applicant.