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| *You are now known as schestowitz | Sep 09 00:08 | |
| schestowitz | http://ipkitten.blogspot.com/2023/08/make-no-bones-about-it-credibility-test.html?showComment=1694103240953#c6519183139123958630 | Sep 09 00:54 |
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| schestowitz | "Kant, you make an excellent point, but I remind you of T2003/08, which 'stretched' a Swiss-style medical use claim to cover use of particular column to treat a patient’s plasma outside the body. See the relevant claim below:<br /><br /> ‘1. Use of a specific ligand for human immunoglobulin in the manufacture of a column having said ligand coupled thereto for the treatment of a patient suffering from dilated cardiomyopathy, said tre | Sep 09 00:54 |
| schestowitz | atment comprising passing plasma of the patient over the column under conditions which effect the binding of said specific ligand to immunoglobulin in the patient's plasma, thereby removing a significant portion of the immunoglobulin from the patient's plasma, and reinfusing the plasma to the patient.’ <br /><br />[Also discussed in old IPKat article here https://ipkitten.blogspot.com/2014/05/swiss-type-claims-and-double-patenting.htm | Sep 09 00:54 |
| schestowitz | l]<br /><br />So my belief is that the substance does not need to provide the therapeutic effect. Only the medical method as a whole needs to do that as recited in the claim. I believe T1020/03 established that ANY method of treatment can be expressed as an allowable medical use claim if a substance is somehow involved. The in vivo diagnostics case law for contrast agents for use in MRI also supports this approach with the invention oft | Sep 09 00:54 |
| schestowitz | en being in the MRI method, and not in a new contrast agent." | Sep 09 00:54 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Make no bones about it: The "credibility test" has no place in the novelty assessment of second medical use claims (T 0558/20) - The IPKat | Sep 09 00:54 | |
| -TechBytesBot/#techbytes- ( status 404 @ https://ipkitten.blogspot.com/2014/05/swiss-type-claims-and-double-patenting.htm ) | Sep 09 00:54 | |
| schestowitz | "The adaptation of the description is not the subject of this post and I agree there is no reason to discuss this issue now. I am only surprised that you call it an old story since a referral to the EBA is suggested by the Board of case T 56/21. If it happens, the issue will be a very hot topic again and there will be ample opportunity for debates.<br /><br />From the Board’s communication of June suggesting the referral, I take this | Sep 09 00:55 |
| schestowitz | robust policy statement : « It is not for the Office to harmonise the extent of protection conferred by European patents (and applications) by bringing the description and/or the drawings the amended claims held allowable. » (Reason 3.2.3)." | Sep 09 00:55 |
| schestowitz | "Mr. Thomas, for your reference, CIPA and CNIPA are not the same body. CNIPA was the "Committee of National Institutes of Patent Agents", a loose association of European patent bar associations, such as CIPA, PAK etc." | Sep 09 00:55 |
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