Prior dating intellectual property

You will have a “Respond to Examination Report” task in your Inbox after we have issued an Examination Report.Read more on How to respond to an Examination report.Swiss-type claims that are distinguished from the prior art by a novel dosage regime or mode of administration have been considered in pre-acceptance hearings, see decisions, IPONZ will accept Swiss-type claims where the purported novelty of the new use can be found in the new mode of administration or new treatment regime.

The Applicants have produced a means of overcoming or alleviating these problems by the application of a specific dosage regime and I think it proper ” (Emphasis added).By far the most significant body of case law which addresses Swiss-type claims is to be found in foreign jurisdictions, most especially from the European Patent Office (EPO) and the British Courts.However, caution should be exercised before applying foreign decisions to the examination of New Zealand patent applications, as frequently the foreign decision is based upon specific parts of foreign legislation or directives which provide directly for second medical use claims and which may not have a corresponding provision in New Zealand patent legislation.As discussed above, the new use in a Swiss-type claim is dependant upon the discovery of a previously unrecognised property of a known chemical.The new use which is purported to be a new mode of administration or treatment regime should therefore be a new result in that it should be a “new and useful effect” in accordance with .

Leave a Reply