Managing Intellectual Property

EPO bans Swiss claims

22 February 2010

James Nurton, London

The EPO’s Enlarged Board of Appeal has ruled that Swiss-type claims are no longer permissible

So-called Swiss-type claims have been used for some 25 years to claim new therapeutic uses of medicaments, but in a decision on February 19, the EBA said they are no longer relevant, following changes to the European Patent Convention.

“Article 54(5) EPC now permits purpose-related product protection for any further specific use of a known medicament in a method of therapy. Therefore ... the loophole existing in the...



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