Peksung Intellectual Property Ltd sent an interesting article (link below) reporting that the Higher People’s Court of Beijing held that both dosage form and dosage amount should be treated as limitations in Swiss-form claims. These “administration-related features” are often ignored by examiners in non-US jurisdictions as non-limiting. In issuing this judgment, the Higher Court apparently ignored the SIPO Guidelines for Examination. Although the ruling is non-precedential, it should provide the basis to appeal the rejection of second-generation Swiss-form claims, including claims under reexamination.
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This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.