With regard to methods for treatment of the human or animal body by surgery or therapy, or diagnostic methods practised on the human or animal body, it should be noted that products, in particular substances or compositions, for use in any of these methods, are not excluded from patentability, provided that the use of the product for any such method is not comprised in the state of the art (see also C-IV, 4.2). It should be noted that a claim in the form "Use of a substance or composition X for the manufacture of a medicament for therapeutic application Z" may be allowable for either a first or "subsequent" such application (cf. C-IV, 4.2).

Even if a claim is drafted as a method of medical treatment and is for this reason not directed to patentable subject-matter, a meaningful search may be possible if the determining technical feature is the effect of the substance, which can be searched. If, however, specific method features are present (e.g. dosing instructions for the user, combination of pharmaceutical with physical treatment), a meaningful search may not be possible. In cases of doubt the Search Division should carry out the search to the extent that this is possible in the available documentation. However, regardless of whether such claims are searched or not, the applicant's attention should be drawn on the search opinion (if applicable, see XII, 8) to the exclusion of such subject matter from industrial application (see XII, 3).