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Guide to construction

“Use of … in …” claims

2.60 “Use of … in …” claims are interpreted as claims to a method, and are not interpreted as directed to the substance intended for use. This will be particularly pertinent in pharmaceutical applications where claims of the following type will be interpreted as a non-patentable medical use:

“Use of compound X in the treatment of disease Y.”

2.61 “… when used …” claims are interpreted as defining a method. Thus the following claim is interpreted as a method of using compound X as an initiator:

“Compound X when used to initiate polymerisation in a system of …”

2.62 A claim to a product when used in a particular method is interpreted as a claim to a method per se. A claim to an apparatus or material “when used in” a particular process is regarded as protecting the use of the apparatus or material in such a process, and its novelty is therefore destroyed only by a disclosure referring to such use.