We have added a new section to our Patents Examination Manual to clarify our practice for the examination of Swiss-type claims.
Swiss-type claims are a type of patent claim used to protect the intended medical use of a medicament without interfering with a medical practitioner’s ability to treat or diagnose a patient.
The guidance in this new section provides detail on how Swiss-type claims are examined at IPONZ, and encourages greater consistency between examiners, patent attorneys, and patent applicants.
We have also updated our existing guidance on Section 16 of the Patents Act 2013 to include a reference to the new section.