UPC Local Division: Second Medical Use - Infringement

In the case of a claim for a second medical use, a substance or composition within the meaning of Article 54(4) EPC is used for a specific use that is not part of the state of the art. Such a therapeutic use can be a new indication, for example, a disease that has not previously been treated with the claimed substance, or an indication for a new group of patients. To establish an infringement of a claim for a second medical use, the alleged infringer must offer or place the medicinal product on the market in such a way that this leads or could lead to the claimed therapeutic use and the alleged infringer knows or should reasonably have known thereof. The requirements for such conduct cannot be determined abstractly but require an analysis of all relevant facts and circumstances of the respective patent claim (LK Düsseldorf 13. 5. 2025, CFI 505/2024).