Claims to methods of medical treatment are not allowable under
European patent law (see Article 52(4) of the European Patent
Convention (EPC)). Accordingly, claims to second
medical uses of known substances have traditionally been drafted in
the somewhat cumbersome format "Use of substance X for the
manufacture of a medicament for the treatment of disease
Y". These claims are known as Swiss-type claims.
Amendments to the EPC (EPC 2000) allowed second medical use
claims without the convoluted wording of Swiss-type claims. These
purpose-limited product claims have the format "Substance
X for use in the treatment of disease Y". The EPC 2000
amendments entered into force on 13 December 2007. As it was
arguable that Swiss-type and purpose-limited product claims were of
different scope, both claim types have been allowed by the European
Patent Office (EPO). However, in its G2/08
decision of 19 February 2010, the Enlarged Board of Appeal at the
EPO held that, in light of
