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An Inquiry about Patentable Subject Matter –Therapeutic Method |
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Question:
1. Is a “therapeutic method” a patentable subject in Taiwan?
2. If a “therapeutic method” is not a patentable subject in Taiwan, how can an inventor get patent protection for therapeutic methods?
Answer:
1. Article 24 of the Patent Law stipulates that “The following items shall not be granted an invention patent … diagnostic, therapeutic or surgical operation methods for the treatment of humans or animals …” Accordingly, a “therapeutic method” is not a patentable subject in Taiwan. The Examination Standards of Patents further stipulates that claims in the following formats are considered to be therapeutic methods:
“A method for treating disease X, comprising …”
“Use of substance Y in the treatment of disease X …”
As a result, claims in the forgoing formats are not patentable in Taiwan
2. If an inventor wants patent protection for therapeutic methods, the applicant could submit a patent with claims in the following formats:
“A composition for treating disease X, comprising …”
“A method for manufacturing a medicament for the treatment of disease X, comprising …
“Use of substance Y in the manufacture of a medicament for treating of disease X …”
Claims in such formats are not considered to be therapeutic methods and are patentable according to the Examination Standards of Patents.
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