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    Does Turkey Protect Second Medical Use Patents?

    In 2014, the Istanbul IP Court rendered a decision that second medical use patents granted before December 13, 2007 are not patentable in respect of the Art. 52/4 of EPC 1973. The Court grounded its decision in that the Art. 52/4 of EPC 1973 does not explicitly mention the patentability of second (and further) use patents. The Court further stated that the revision of EPC 2000 by adding that specific use in any method referred to in Art. 53(c) provided that such use is not comprised in the state of the art, is patentable, is an indicator of the fact that EPC 1973 does not cover the protection of second medical use patents.

    This decision was appealed by the patent holder before the Supreme Court. The Supreme Court overturned the First Instance decision by clearly stating that second medical use patents were not excepted from patentability and that the First Instance Court should evaluate whether the patent in disput

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