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

Better metrics key to patent improvement - Dickinson, Gurry, Ito & Hinman at #sgipweek http://t.co/rMiY3FKJ2e @WIPO @AIPLA

Aug 29 2014 10:36 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @ChinaBritain: Struggling with #IP policy in China? Check out #UKChinaIP Symposium week, Beijing Sep1: http://t.co/KWRUgql8p0 @The_IPO

Aug 29 2014 08:42 ·  reply ·  retweet ·  favourite
ManagingIP profile

BBC News - 'Plain' packaging not a boost to illegal tobacco use, study suggests http://t.co/zcjSE2NTIJ #plainpacks

Aug 29 2014 08:36 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


July/August 2014

IP’s most influential people 2014

The 50 people in social media, advocacy and debate influencing IP policy



Most read articles

Supplements