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F&E Patent

A dosage regimen of a known medicament for a known indication is patentable

If a medicament is known for a particular treatment of a disease, a new dosage regimen resulting in an additional effect is further patentable.

The Enlarged Board of Appeal in the case G02/08 had to decide about patentability of a claim differing from the prior art solely in the dosage regimen for applying a known pharmaceutical compound or medicament for a known indication.

The Enlarged Board of Appeal came to the conclusion that such a claim is allowable since any difference of a claimed subject matter compared to the prior art resulting in an unexpected effect can establish patentability.

Dr. Barbara Engels