Inventive step of treating a subpopulation of patients in view of prior art reporting a positive phase 3 clinical trial (T 1437/21)
http://ipkitten.blogspot.com/2024/03/inventive-step-of-treating.html The European patent at issue in T 1437/21 (EP 2981271) related to the second medical use of a known drug (empagliflozin) in a subpopulation of patients. The prior art cited against the patent was the patentee’s own press releases reporting the success of a phase III clinical trial of the drug in the... Continue reading