Research On New Uses Patented Drugs Swiss-type Claims

The Swiss-type Claim is a special mode to write claim. The purpose of the Swiss-typeClaim is to protect the new uses of known drugs. It avoids the prohibitive provisions of thelaw for the methods of medical treatment and it was accepted by EPO and other countries.The Swiss-type Claim is also the mode we protect the new uses of known drugs. However,whether it is patentable has been controversial, especially when the only distinguishingcharacteristic of the Swiss-type Claim is dosage regimes.In this paper, the writer elaborates the generation and the development of theSwiss-type Claim and clarify that the Swiss-type Claim is patentable when the onlydistinguishing characteristic is dosage regimes. At the same time, the patent protection ofthe new uses of known drugs in China is analysised in this paper. The writer suggest thatwe should improve the system of patent protection of the new uses of known drugs andrecognize the patentability of the Swiss-type Claim, especially when the onlydistinguishing characteristic is dosage regimes. Of course, we should consider our patentsystem and actual situation.