Legal Question in Intellectual Property in

Protection of Medical Indication Invention

How can one protect Medical Indication Inventions and what is and how can one use in this context the so called "swiss claims format"


Asked on 5/26/99, 3:43 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Protection of Medical Indication Invention

These types of indications can be protected with patents. In the USA that would be a utility patent to the indication method and/or apparatus. The "Swiss claim format" probably refers to central claiming as done in most countries other than the USA. In central claiming the claim defines the central concept of the invention and a tribunal determines the scope of protection afforded by the claim after considering the prior art known to or presented to the tribunal. One uses central claiming by filing for patent in a country or region where such claims are allowed. Care must be taken not to use central claiming in the US or the patent will be unduly limited.

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Answered on 6/01/99, 10:26 am


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