Development And Reference On Swiss-type Claim

In order to protect the pharmaceutical usage of a substance, EPO provides at first the Swiss-type claim. The Swiss-type claim substantially means that the pharmaceutical usage of a substance is re-drafted to a usage of a substance in the preparation of a medicine, thereby the pharmaceutical usage is transferred to the usage for preparing a medicine such that it will not affect the treatment of a doctor. Recently, the understanding of EPO for the Swiss-type claim is greatly changed, and EPO confirm that the Swiss-type claim is not limited to the process for producing a medicine. Meanwhile, the new EPC provides that the Swiss-type claim only limited to the process for producing a medicine will not be accepted, and a claim on pharmaceutical usage is acceptable.The Chinese Patent Law was established by reference to the EPC, so the method for treatment will not be accepted by the Chinese Patent Law, and the usage of a substance for producing a medicine (i.e., the Swiss-type claim) is allowable. With the development of a lot of countries regarding the method of treatment (including the Swiss-type claim), the understanding of the Chinese Patent Office regarding the method of treatment (including the Swiss-type claim) cannot meet the trend.This thesis firstly discusses the generation and development of the Swiss-type claim in Europe, stating that the Swiss-type claim essentially relates to a pharmaceutical usage of a substance. In the second chapter, this thesis discusses the application of the Swiss-type in China, including the provisions of the Chinese Patent Law and the Guidelines for Examination of the Chinese Patent Office, as well as the understanding of the Patent Reexamination Board and the Court on the Swiss-type claim. In the third chapter, this thesis discusses the new development of the Swiss-type claim in Europe, including the Swiss-type claim having a distinguishing technical feature based on administrating object, administration dosage or administration scheme. In the forth chapter, this thesis states that it is necessary to allow the new type of Swiss-type claim from the purpose of the patent law, the protection of the Chinese traditional medicine, the consistence of the laws and internationalization of the Chinese patent system, provides the suggestions on the amendment to the Chinese Patent Law and the Guidelines for Examination.