Methods of Treatment or Diagnosis Flashcards
What are the excluded methods under section 4A?
Method of therapy, surgery or diagnosis practiced on the human or **animal **body.
What do first medical use claims protect?
Use of a known substance or composition.
What do second medical use claims protect?
A further specific use of a known substance or composition if the specific use is new
What is the purpose of the exclusions under section 4A?
To allow the free practice of medicine.
What is required for a method to be excluded as a method of diagnosis?
A medical decision phase and be practiced on the body
When is a method of treatment patentable?
Purely cosmetic (incidental or potential therapeutic effect denies patentability)
When is a method of diagnosis patentable?
1) condition is not pathological e.g. pregnancy
2) extra-corpeal
3) No decision phase
“A method of treating disease Y comprising administering an effective amount of compound X to a patient in need” is a type of …
Swiss claim
How could you reformulate a swiss style claim to be allowable under EPO G2/08?
“Substance X for use in treating disease Y”
When can a further patent be obtained for product X when it is already known in the art for the specified medical use?
New dose or mode of administration of the same drug for the same medical use has an unexpected technical effect.
What is the difference between WIPO Standard 25 and Standard 26
.txt vs .xml and 26 requires “moltype” data
What is the requirement for biological molecules (e.g. genes, proteins) to be patentable?
Naturally ocurring
Genes - isolated
Proteins - purified
How can claims to biological molecules be kept broader?
Utilise sequence identity.
What must be included in an application which claims a sequence identity?
state algorithm used.
What is required for a bacteria claim to be sufficient?
Deposit of micro-organism at International Depository Authority under Budapest Treaty.
What is an example of an allowable plant claim?
Transgenic A plant which produces B in its seeds at a level of at least C
