Method of treatment
| Patent | US-2016113953-A1 |
| Inventor | GANNEDAHL KARL ERIK GOERAN (SE) |
| Assignee | ASTRAZENECA AB (SE) |
| Date | Priority 2014/09/25 |
Full Answer
What is a method in patent law?
Oct 05, 2020 · However, even though a patent holder of the underlying composition of matter can prevent a patentee from practicing a method of treatment that uses the composition, this battle of the patents is a ...
Should methods of treatment be patented?
4 rows · Sep 25, 2014 · This web page summarizes information in PubChem about patent US-2016113953-A1. This includes ...
Which methods of diagnosis are patentable?
Oct 15, 1998 · Method of treatment. Cite. Download. Patent: JP-2002527378-A: Date: Priority . 1998/10/15. This web page summarizes information in PubChem about patent JP-2002527378-A. This includes chemicals mentioned, as reported by PubChem contributors, as well as other content, such as title, abstract, and International Patent Classification (IPC) codes. ...
What is the difference between an MOT patent and method patent?
GB8718025D0 - Method of treatment - Google Patents Method of treatment Info Publication number ... GB878718025A 1987-07-29 1987-07-29 Method of treatment Pending GB8718025D0 (en) Priority Applications (1) Application Number Priority Date Filing Date Title;
Can a method of treatment be patented?
What does patented treatment mean?
What is a method of use patent?
What is a method of treatment claim?
What is method of treatment?
Is patenting methods of treatment of humans or animals possible?
What are the 3 types of patents?
- There are three types of patents - Utility, Design, and Plant.
- Utility Patent.
- Design Patent.
- Plant Patent.
Can a product infringe a method claim?
What are the types of patent?
What distinguishes method claims from product claims?
How do you write a patent claim?
- ❖ WRITTEN AS A SINGLE SENTENCE.
- ❖ CLAIMS IDENTIFIER preceding the sentence, e.g.
- “Claim 1”
- ❖ HEAVILY PUNCTUATED SINGLE SENTENCE AND ENDS.
- WITH A PERIOD.
- ❖ APPEARS TOWARDS THE END OF THE ISSUED PATENT.
- OR PATENT APPLICATION.
What is compound claim?
What is drug repurposing?
Such “ drug repurposing ” (also called drug repositioning, profiling, or re-tasking) has great potential for providing clinicians with new therapeutic tools to combat diseases for which there are limited ...
Is Remdesivir a drug?
As of yet, remdesivir is the only known drug demonstrated to reduce the hospitalization time of patients diagnosed with COVID-19. [30] . On January 21, 2020, a Chinese patent application was filed claiming the use of remdesivir “for the treatment of 2019 novel coronavirus (2019-nCoV) caused disease or infection ….”.
Is cosmetic treatment therapeutic?
Since cosmetic methods of treatment of the human body are not considered to be therapeutic ( see 4A.04 ), a substance or composition for use in a non-surgical cosmetic method cannot be protected by Section 4A (3).
Is a blood test patentable?
Methods of diagnosis performed on tissues or fluids which have been permanently removed from the body are not excluded, and so, for example, genetic or immunological tests on blood or urine samples are patentable. “Body” should be taken to mean living body, and a method practised on a dead body, for example in order to determine the cause of death, would not be excluded.
What is considered therapy?
It appears that any medical treatment of a disease, ailment, injury or disability, ie anything that is wrong with a patient and for which they would consult a doctor, as well as prophylactic treatments such as vaccination and inoculation, is to be regarded as therapy.
What is the purpose of the exception in Bristol-Myers Squibb v Baker Norton Pharmaceuticals Inc?
Its purpose is merely to keep patent law from interfering directly with what a doctor actually does to a patient, not to stop patent monopolies from controlling what the doctor administers to the patient or the implements that they use on the patient. However methods of therapy carried out on materials temporarily removed from the body, for example when blood is circulated through an apparatus while remaining in living communication with the body, are not patentable (cf Calmic Engineering Co Ltd’s Application, [1973] RPC 684).
What is the definition of diagnosis?
Diagnosis is the identification of the nature of a medical illness, usually by investigating its history and symptoms and by applying tests. Determination of the general physical state of an individual (e.g. a fitness test) is not considered to be diagnostic if it is not intended to identify or uncover a pathology. Section 4A (1) relates to methods of diagnosis practised on the human or animal body; diagnosis in itself is a method of performing a mental act and is excluded from patentability under section 1 (2) (c). The scope of the term “diagnostic methods practised on the human or animal body” within the meaning of Article 53 (c) EPC (equivalent to section 4A (1) is discussed by the EPO Enlarged Board of Appeal decision in G 01/04 Diagnostic Methods [2006] 5 OJEPO 334, [2006] EPOR 15. Typically, the process of diagnosis involves a number of steps leading towards identification of a condition. The Enlarged Board characterised these steps as being; (i) the examination and collection of data, (ii) comparison of the data with normal values, (iii) recording any deviation from the norm, and finally (iv) attributing the deviation to a particular clinical picture. The Enlarged Board held that for a claim to fall under this prohibition, it must include both the deductive step of making the diagnosis (step iv) and the preceding steps constructive for making that diagnosis involving specific interactions of a technical nature with the human or animal body. The exclusion is therefore a narrow one, and also requires all the method steps of a technical nature to be practised on the body. However, the Board pointed out that the exclusion could not be circumvented by omitting one of the essential features of the diagnostic method as the claim would then not satisfy Article 84 EPC (equivalent to section 14 (5) (a) to (c)), since this requires that all the essential features necessary for clearly and completely defining a particular invention are present in the claim. In determining whether or not a method is diagnostic, the Board held that it is irrelevant whether it is necessary for a medical or veterinary practitioner to be involved. Furthermore, a method is “practised on the human or animal body” if it involves any interaction which necessitates the presence of the patient, so will include both invasive and non-invasive methods.
What are the questions to be asked when claiming a diagnostic method?
Firstly, does the claimed method include both the first, measurement step and the final deductive step; i.e. does it allow the disease or condition to be identified? (The intermediate steps (ii) and (iii) may be inferred if the first and last steps are clearly included.) Second, is the examination or measurement (step (i)) practised on the body? The remaining steps (ii) to (iv) are never practised on the body, but are generally not technical in nature. If the answer to both of these questions is “yes”, objection should be made under Section 4A.
What is surgery in medical terms?
Surgery is defined as the treatment of disease or injury by operation or manipulation. It is not limited to cutting the body but includes manipulation such as the setting of broken bones or relocating dislocated joints (sometimes called “closed surgery”), and also dental surgery. In general, any operation on the body which required the skill and knowledge of a surgeon would be regarded as surgery (see also 4A.10 ). The Enlarged Board of Appeal in G 01/07 MEDI-PHYSICS/Treatment by surgery [2011] 3 OJEPO 134 held that a method should be excluded if it comprises or encompasses an invasive step which constitutes a substantial physical intervention on the body, and which entails a significant health risk even when carried out by a medical professional.
Is medical treatment patentable in Australia?
Indeed, in most countries medical treatment methods are considered unpatentable on policy grounds. As has been recently confirmed by the High Court, however, methods of medical treatment are patentable in Australia.
Why are patents good?
There are, historically, good reasons for this, in that the economic rewards provided by the patent system have needed to be particularly potent to provide incentives for private companies to take on the task of discovering and developing new drugs and new treatments.
What happens if an inventor discovers a new compound?
If an inventor (or, more commonly, a team of inventors) discovers a new compound, along with at least one therapeutic use for the compound, then they may be awarded a patent on the compound itself. More commonly, in fact, the initial patent will cover not just one compound, but a whole family of related compounds that can be expected to provide the new therapeutic effect.
Why is healthcare important?
In no small part, this is due to the great expense and risk involved in discovering, developing, trialling, gaining regulatory approval for, and ultimately commercialising new drugs and other forms of therapy.
