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Articles & Updates – Details

9 November 2010

The End of the Swiss Claim Format for Second Medical Use Claims

The End of the Swiss Claim Format for Second Medical Use Claims

As reported in our April 2010 newsletter, in decision G2/08, the Enlarged Board of Appeal held that where the subject matter of a claim is rendered novel only by a new therapeutic use of a medicament, the claim may no longer have the format of a so-called Swiss-type claim. The Board set a period of three months from the publication of decision G 2/08 in the Official Journal, after which period future applications are required to comply with this ruling. 

This decision G2/08 has now been published on 28 October 2010 and therefore the three-month period set by the Board will expire on 28 January 2011.  As a consequence, European patents will not be granted in respect of European patent applications (including divisional and Euro-PCT applications) having a filing date or earliest priority date of 29 January 2011 or later if they contain Swiss-type claims. If any such application contains Swiss-type claims, the applicant will be invited to correct this deficiency.

Please note that this ruling of G2/08 does not apply to pending applications and therefore Swiss-type claims will continue to be acceptable for applications having a filing date or earliest priority date of 28 January 2011 or earlier.

 

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