Patentability of Dosage Regime Invention in the Form of Swiss-Type Claim Under Chinese Patent Law

    February 2011 in “ Journal of Intellectual Property Law & Practice ”
    Hua He
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    TLDR Dosage regime inventions can be patentable in China, but legal uncertainty exists.
    The document discussed the patentability of dosage regime inventions under Chinese patent law, focusing on Swiss-type claims. The Beijing Higher People's Court ruled in 2008 that such inventions could be patentable, considering dosage as a technical feature for assessing novelty and inventiveness. However, the revised Guideline for Examination effective from February 2010 opposed this view, creating legal uncertainty. The case of Merck's patent for treating androgenic alopecia highlighted this conflict, with the Higher Court ultimately recognizing dosage features as part of the claim, contrary to the lower court's decision and the guidelines. This ruling emphasized that administration features should be considered in patent claims to foster medical industry development and public health, despite concerns about restricting physicians' treatment practices.
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