"Task Force on the Protection of Patents of Medical-Related Acts" in Strategic Council on Intellectual Property made an arrangement on the protection of patents of medical-related acts on November 22 last year. And it was reported to the 9th meeting of Strategic Council on Intellectual Property on December 16.
Taking this arrangement into consideration, "Draft Examination Guidelines for Medicinal Invention "was prepared.
This Draft of Examination Guidelines is newly established as the part of patent and utility model examination guidelines, Part VII, Chapter 3 "Medicinal Invention".
The gist of the draft is as follows.
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Requirements for the written description, novelty and inventive step, etc. of the medicinal invention are made clear, focusing on the matters for which peculiar judgments and handlings are necessary. |
| (b) |
As for the medicinal inventions which are to be specified by modes of two or more combination of the medicine and treatment such as the dose interval and dosage, it is made clear to treat it as "Industrially Applicable Invention" for it is an "invention of a product." |
We invite interested parties to submit written comments on the draft of this revised Examination Guidelines as following.
- Draft Examination Guidelines for Medicinal Invention <PDF 190KB>
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Follow the easy instructions included with Acrobat Reader software to install
Acrobat Reader on your computer. Then, click any PDF file to view, navigate, or print it! |
| 1.DATES: |
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Comments must be received on or before March 23 (Wed.), 2005
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| 2.ADDRESSES: |
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| <E-mail> |
PA2A12@jpo.go.jp |
| <facsimile> |
+81-3-3597-7755 |
| <mail> |
3-4-3 Kasumigaseki, Chiyoda-ku Tokyo 100-8915, Japan |
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Comments should be sent via E-mail with the subject of "COMMENT ON DRAFT EXAMINATION GUIDELINE (medicinal invention)." |
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Comments should be sent via facsimile or mail with the address of "Examination Standards Office, Japan Patent Office."
Please also include your name and contact address.
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| 3.SUPPLEMENTARY INFORMATION: |
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Comments shall be submitted by mail, E-mail, or facsimile. |
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Received comments may be open to the public, with the exception of any personal information (your address, telephone number, etc.). |
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