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Article: Indian Patents Law Indirectly Recognizes 'Swiss-Type' Claims'.
- Article from:
- Mondaq Business Briefing
- Article date:
- February 14, 2005
CopyrightCOPYRIGHT 2005 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Novelty is one of the basic criteria of patentability, inventiveness and industrial applicability being the other two. If the use of a substance or a composition for a specified medical purpose is new, a claim in a patent application directed at this use will be considered as novel even if the same substance had previously been used in medicine for a different purpose. Satisfying the patentability criteria, a further or second medical use of a substance or composition can be protected by a claim to the use of the substance for the manufacture of a medicament for a specified medical use. Such claims are called 'Swiss-type' or 'Swiss-style' claims, as it was a decision of ...