Swiss-type Claims Including Dosage Features

Due to the importance of the medicine industry in the field of public health,it always has been a controversial topic about medical-use patents.According to the Article 25 of the Chinese patent law,a patent application which involves in the diagnosis and treatment method of the disease is not patentable.In Chinese patent examination practice,in order to avoid the above-mentioned conflicts,a medical-use invention usually is drafted into a drug-manufacturing type claim,i.e.“use of X for the manufacture of a medicament for use in treatment of Y”.This type of claim was first confirmed by the Swiss Patent Office;therefore,usually it is called as“Swiss-type patent”.Although a hug number of Swiss-type claims exist in China,it lacks a systematic explanation which leads to some uncertainties in details.In recent years,with the development of the pharmaceutical industry,especially with the development of chronic diseases and precision medical care,more and more medical use referring to the improvements of drug dose,time of administration,frequency of administration,and specific mode of administration exist.Such improvements are not related to the preparation process of the drug or raw material,but are closely related to the use of the drug.If the Swiss-type claim contains such features,its patentability remains controversial.Furthermore,how to interpret the effect of such technical features in the Swiss-type claims remains uncertain.Such uncertainty will be detrimental to the interests of the public.In view of this,the patentability and protection scope of Swiss-type Claims including dosage features is discussed in this paper by case analysis.This paper is divided into three parts:The first chapter mainly introduces the causes of the Swiss-type claims,and analyzes the reasons why the Swiss-type claims including dosage features are controversial in China.The second chapter focuses on the patentability of Swiss-type claims including dosage feature.By introducing three different trial results of the same patent family in different countries,it is further analyzed whether the medical use invention containing dosage features can be written in the form of a Swiss-style claim,thereby excluding the scope of un-patentable objects.Chapter 3 focuses on the effect of dosage features in Swiss-type claims.By introducing three cases in which the dosage features are expressed in different ways,it is further analyzed whether the dosage features can affect the technical scope of Swiss-type claims.This paper further clarifies the meaning of "drug preparation" in the technical subject of Swiss-type by studying the classic case of Swiss-type claims(EISAI)and the above three cases.