UPC Local Division: Second Medical Use - Validity

To benefit from the deemed novelty under Article 54(5) EPC, claims for a second medical use must relate to a specific use in a method under Article 53(c) EPC. The only reason why such claims can be patentable lies in the novelty (and inventive step) of the new use. With regard to inventive step, the subject matter of the claim may be obvious if the person skilled in the art would be motivated by the underlying problem to implement it as the next step. A motivation for implementation may be absent or excluded if the person skilled in the art is confronted with many uncertainties or expected difficulties. If any motivation is absent or excluded, the claimed subject matter is not obvious and is based on an inventive step (LK Düsseldorf 13. 5. 2025, CFI 505/2024).