Jiancheng Jiang of Peksung asks whether a
Higher Court judgment in favour of a medical use claim brings new
hope for inventors
In the examining practice by the China State Intellectual
Property Office (SIPO), the medical use of a substance, including
the first medical use and the second medical use, may be protected
if the applicant files an application with a "Swiss-type
claim". In particular, "The Guidelines for
Examination" explicitly stipulate that the above-mentioned use
claim may be drafted as "use of compound X for manufacturing a
medicament for the treatment of disease Y" or the like.
According to the Guidelines for Examination, when evaluating
novelty of the Swiss-type claims, the examiner should take into
consideration whether or not the features relating to use, such as
the subject, regimen of administration, route of administration,
usage amount and interval of administration, can define the
procedure of manufacture of a pharmaceutical. In addition,
