IP Practice: “Present Status of the Practice of Swiss-type Claims in China”
We are pleased to announce the May 2018 issue of Sonderhoff & Einsel China IP Newsletter.
In the Chinese pharmaceutical industry, claims written in the form “the use of substance X in preventing or treating Y disease” are not protected under Chinese patent law. Therefore, in order to protect these types of medical use inventions, the strategy of changing the above to Swiss-type claims is used in practice. (A Swiss-type claim is a formerly used claim format intended to cover the second or subsequent medical use of a known substance.) However, the question remains as to whether drug administration features can be used as technical features when defining a Swiss-type claim. This article outlines the examination criteria and practice and also provides our opinions on what should be noted when drafting a Swiss-type claim.
For details, please check the following PDF.