Patentability of dosage regime invention in the form of Swiss-type claim under Chinese patent law

Abstract

Whether a dosage regime invention is patentable under Chinese law is uncertain. In September 2008 the Beijing Higher People's Court held in Merck v Patent Reexamination Board of State Intellectual Property Office of PRC that a dosage regime invention in the form of Swiss-type claim was patentable, and that the dosage may serve as a technical feature—which limited the claim—to be taken into account in assessing novelty and inventiveness. However, the revised Guideline for Examination promulgated by State Intellectual Property Office of PRC, effective from 1 February 2010, takes the opposite approach. It is unknown which of the positions the Chinese courts will take.