Deadline for the End of Swiss-type Claims as the EPO

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"Swiss form" claims in patents are claims to the use of a known compound for preparing a medicament for a new therapeutic indication (i.e. second medical uses). They have been permissible at the EPO for many years but, the Enlarged Board of Appeal at the EPO held recently that the Swiss claim format should no longer be used for second medical use claims. Only currently pending patent applications and those filed up until January 28, 2011, can still use Swiss-form claims.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Serge Lapointe | Attorney Advertising

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