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

Our weekly round-up includes Taylor Swift, patent reform, Cadbury’s, @EFF, and Tom Petty http://t.co/xSeKJkH301 http://t.co/jSC58GOgCA

Jan 30 2015 10:03 ·  reply ·  retweet ·  favourite
ManagingIP profile

2 views on bifurcation & #UPC http://t.co/nCwMm3rXXx http://t.co/aI1B3DIfEp Comments welcome - we will print some in our March issue!

Jan 30 2015 03:38 ·  reply ·  retweet ·  favourite
ManagingIP profile

Why Alibaba's counterfeit spat in China may be a boon for trademark owners - by Peter Leung http://t.co/o5dyxJ1pyy http://t.co/ENrI4QKu4g

Jan 30 2015 12:25 ·  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 null null

February 2015

How to survive multinational patent litigation

It’s more and more common for complex IP disputes to involve proceedings in multiple jurisdictions. If you’re preparing for patent litigation take-off, please fasten your seat belt and join James Nurton for a safety demonstration



Most read articles

Supplements