Journal Article

Patentability of dosage regime invention in the form of Swiss-type claim under Chinese patent law

He Huaiwen

in Journal of Intellectual Property Law & Practice

Volume 6, issue 4, pages 206-209
Published in print April 2011 | ISSN: 1747-1532
Published online February 2011 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq219
Patentability of dosage regime invention in the form of Swiss-type claim under Chinese patent law

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Whether a dosage regime invention is patentable under Chinese law is uncertain. In September 2008 the Beijing Higher People's Court held in Merck v Patent Reexamination Board of State Intellectual Property Office of PRC that a dosage regime invention in the form of Swiss-type claim was patentable, and that the dosage may serve as a technical feature—which limited the claim—to be taken into account in assessing novelty and inventiveness. However, the revised Guideline for Examination promulgated by State Intellectual Property Office of PRC, effective from 1 February 2010, takes the opposite approach. It is unknown which of the positions the Chinese courts will take.

Journal Article.  1934 words. 

Subjects: Arbitration ; Intellectual Property Law

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