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Guidelines for Examination of Patent Applications for medical Inventions in the United Kingdom
date: 2013-05-01

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1.These guidelines set out the practice of the UK Patent Office in relation to patent applications for medical inventions. The relevant law shall be amended by subsequent legislation 1977 Annual patent act, And as modified 1995 The Patent Law rules of 1996. The English courts have informed the interpretation of the law in accordance with case law. It also reflects the need for judicial attention to international conventions (Take the European Patent Convention) And the facts of decisions or opinions taken by appropriate bodies under those conventions. Therefore, Although the decision of the European Patent Office's Appeals Committee was very persuasive, But it was made by the British courts 1977 Decisions relating to patent law have a binding effect on our practice. English court decisions based on previous law may also be persuasive, It depends on 1977 The extent to which the Patent law was amended by the Act. Because there is no good reason, There is therefore no change to the practice of the UK Patent Office as set out in the current Patent Practical Manual and to the decisions adopted by the UK Patent Office hearings.

2.This article highlights these guidelines set forth in the current Practice and Patent Practical Manual No 5 Edition of the convention recorded differences. Changes in these conventions will be reflected in future editions of the manual.

3.2004 years 1 month 24 The patent bill published today includes changes 1977 Patent law recommendations for medical inventions, To bring English law into line with 2000 The European Patent Convention was amended in 2000. In particular, The Act regulates the treatment of human or animal bodies through therapeutic or surgical procedures, Or diagnostic methods performed on humans or animals are not patentable. In addition, The bill would amend patent law, To permit the granting of a patent on a known substance or composition having a medicinal or specific medicinal use. Therefore, These changes will make the form of claims for secondary medical uses simpler and clearer, Its form is "Used to cure disease Y Substance of X" , Instead of "X For preparation of treatment Y The purpose of the drug" . They will also eliminate the lack of industrial practicalities of diagnosis by treatment or surgical procedures or on the body "Presumption of law" -Instead they will simply be considered unpatentable. Don't expect the bill to change anything about what is patentable and what is not patentable in the field. In view of this, Although they are still being discussed, But we don't expect to have to completely rewrite the substance of these guidelines once this bill has gone through Parliament.

4.Any comments or queries regarding these guidelines should be addressed to Richard Sewards, Room 2. Y16, The PatentOffice, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ (telephone: 01633813536) .



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