Start Prior dating intellectual property

Prior dating intellectual property

In Europe and the UK, where methods of medical treatment of humans are also unpatentable, the Swiss-type claim was devised to enable second medical uses to gain some patent protection.

the treatment of a disease or condition (including a new mode of administration or treatment regime).

As noted above, the interpretation of “previously unrecognised advantageous properties in a chemical compound” also encompasses a novel dosage regime or mode of administration, see the hearing decisions of , the Assistant Commissioner when discussing the allowability of Swiss-type claims (where the novelty resides in a new mode of administration or treatment regime) noted that the new method of treatment in the application under review provided a means to overcoming a problem or providing an advantage over the prior art and that it was the contribution, i.e.

These Guidelines supersede all previous practice notes, guidelines and the like.