Features of Swiss-type claims
Methods for the diagnosis or treatment of diseases can receive protection in China if presented in a Swiss-type claim. Liantao Li and Tina H. Tai from China Patent Agent (HK) explain this process
Methods for the diagnosis or treatment of diseases are
subject matters excluded from patentability in all nations
except a few countries such as the US. In most nations and
regions such as Europe, Japan and China, however, protection
has been made available for new medical or pharmaceutical uses
of known compounds/compositions if presented in a Swiss-type
claim. This has also been expanded to protect new dosage
regimens of known medicaments in Europe.
In response to such an expansion, the Chinese Patent Office
(CPO) takes a very conservative position. For example, in its
office actions, the CPO typically comments as the following: "A
daily dose of 10mg and oral dosing are both an administration
feature of a medicament. As a general rule, such a feature of
administration per se does not serve as a definition
of, or limitation on, a technical solution of any process/use
for preparing the medicament".
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