Wednesday, 1 March 2017

VPATAPP Alert_Swiss-style patent claims can be very valuable in Australia

http://www.lexology.com/library/detail.aspx?g=f0a46f59-2c67-44be-9547-4103ee3d8eba

Swiss-style patent claims can be very valuable in Australia
Australia updates by FPA Patent Attorneys

The scope for enforcement of Swiss-style claims may be broader in Australia than for method of medical treatment claims. Second medical use inventions can be claimed in an ever increasing number of claim formats depending on the jurisdiction. While such inventions in Europe are now claimed in purpose-limited-product format, or so called ‘EPC2000’ format, and in the US are pursued in method of medical treatment format, the humble Swiss-style claim has been again shown to be of immense value in Australia even though methods of treatment claims are also an allowable format. So much so, that an injunction against a competitor was granted solely on the basis of infringement of Swiss-style claims.

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