Indian Patent Medical Use Claims

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Medical use claims in Asia Pacific Region | Gowling WLG

https://gowlingwlg.com/en/insights-resources/articles/2022/medical-use-claims-in-asia-pacific-region/

While the MOT or "Swiss-style" medical use claims can be converted into Europe-style "Product X for use in treating Disease Y", such claims would be construed as a product per se claim with the phrase "for use in treating Disease Y" construed as referring to the "intended use" of the product only. In addition, the … See more

‘Importance of second medical use protection is growing’

https://patentblog.kluweriplaw.com/2021/05/22/importance-of-second-medical-use-protection-is-growing/

India is probably still the greatest producer of generics worldwide. Second medical use claims are still not patentable in India.” The chapter on The Netherlands points at a controversy: ‘It is likely that …

Indian pharmaceutical patent prosecution: The changing role of

https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0194714

In contrast to a previous legal literature which emphasizes the emergence of a shared “interpretative culture” among patent offices such …

An Overview On Patenting Of Medical Procedures

https://www.mondaq.com/india/patent/1132286/an-overview-on-patenting-of-medical-procedures

Medical procedures and patent policies: an overview. The patentability of medical procedures is a topic that has been subject to debate since several years. Ethical …

“New Use Claims” – New Indian patent law heralds …

https://www.mirandah.com/pressroom/item/53-new-use-claims-new-indian-patent-law-heralds-fundamental-changes/

The recently promulgated Indian Patent Ordinance indirectly recognizes ‘new uses’ as patentable in India. Thus far, new use of a known substance was …

Second medical use claims in pharmaceutical patents - IAM

https://www.iam-media.com/global-guide/innovation-invention-yearbook/2021/article/second-medical-use-claims-in-pharmaceutical-patents-sharp-sword-or-toothless-tiger

As the European Court of Justice (ECJ) has just recently held in its Santen judgment (C-673/18), second medical use claims are also not eligible to pharmaceutical …

Worldwide: World Wide Legal Status Of Medical Method …

https://www.mondaq.com/india/patent/311404/world-wide-legal-status-of-medical-method-patents-an-overview

INDIAN STATUS: Section 3 (i) of India's Patent Act, 1970 excludes from patentability "any process for the medicinal, surgical, curative, prophylactic or other …

Should Second Medical Use in India be allowable?

https://www.linkedin.com/pulse/should-second-medical-use-india-allowable-aasttha-sharrma

Indian Patent law allows patent protection for products or processes. Such claims might work well when the domain is other than pharmaceuticals or chemicals. …

Changes to the Indian Patent Rules in effect from 16 May 2016

https://jakemp.com/en/news/changes-to-the-indian-patent-rules-in-effect-from-16-may-2016

Under the new rules, this practice has been relaxed, such that it is now possible to delete claims on Indian national phase entry. Deletion of claims is primarily useful in order to …

India: Second Use Patent : Climbing Above The Novelty …

https://www.mondaq.com/india/patent/738946/second-use-patent--climbing-above-the-novelty-cliff

The use claims drafting silently entered the patent system where normal kind of claims for product and methods suffers from stiff novelty and inventive …

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