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Court Decision in China Recognizes Novelty in Dosage Limitations in Swiss-Form Claims

Peksung Intellectual Property Ltd sent an interesting article (link below) reporting that the Higher People’s Court of Beijing held that both dosage form and dosage amount should be treated as limitations in Swiss-form claims. These “administration-related features” are often ignored by examiners in non-US jurisdictions as non-limiting. In issuing this judgment, the Higher Court apparently ignored the SIPO Guidelines for Examination. Although the ruling is non-precedential, it should provide the basis to appeal the rejection of second-generation Swiss-form claims, including claims under reexamination.

Patentability of medical use inventions.pdf


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