InternationalUSRemember you can easily switch between MIP US and MIP International at any time

Features of Swiss-type claims

Managing Intellectual Property


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".


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

Creative filing strategies for the #UnitaryPatent - latest in our series of articles on #UPC ($) http://t.co/5SRRxdx1lK @WithersRogers

Oct 23 2014 09:21 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @NicFearonLow: £3m new funding for @CityPolicePIPCU to 2017 announced this am by Baroness Neville-Rolfe http://t.co/Dxx9WKksT8

Oct 23 2014 08:31 ·  reply ·  retweet ·  favourite
ManagingIP profile

Attending #AIPLAAM14? Look out for the AIPLA Daily Report, first issue out tomorrow morning! http://t.co/zOWbOIaeWd http://t.co/xldU6hmRja

Oct 22 2014 04:20 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


AIPLA Daily Report 2014

Read this year's AIPLA Daily Report - published daily by Managing IP direct from the AIPLA Annual Meeting in Washington DC null

October 2014

What we want from the Unitary Patent and UPC

The EU Unitary Patent and Unified Patent Court are set to launch within the next 18 months. In the first article of a year-long series, Emma Barraclough and James Nurton gauge the expectations and concerns of in-house counsel



Most read articles

Supplements