Patent Law

Topics: Patent, Patentability, Inventive step and non-obviousness Pages: 0 (2127 words) Published: September 4, 2014
Singapore Patents Act
* Rule against double-patenting – S14(3)
* Disclosures to be disregarded – S14(4)
* Transactions in Patents – S41
* Inventorship and Ownership - S2, S19, S20, S24
* Co-ownership - S46
* Anti-competitive practices, tie-in provision S51, tie-up S52 * License of Right – S53
* Compulsory licence – S55
* Government rights to use – S56
* Scope of government rights – S60
* Exhaustion of right – S66(2)(g)
* Prior Honest User Rights – S71
* Exclusive license – S74
* Effect of non-registration – S75
* Pending Rights – S76 (Infringement of rights conferred by publication) * Unlawful threats – S77 (Remedy for groundless threats)
* Sufficiency of disclosure – S80

Patentable Inventions – S13
* If patent application does not claim a technical invention, it will be rejected without regard to novelty and/or inventive step.

S16(2) – method of treatment of human or animal body by surgery or therapy or diagnosis … not … capable of industrial application.

Diagnostic Method, generally has following phases:
1. Examination phase, involving collection of data
2. Comparison of data with standard values.
3. Finding significant deviation.
4. Attribution of deviation to a particular clinical picture.

First Medical Use of a Known Substance/Composition
* Allowed by S14(7), ‘Use compound C to treat disease D2’.

Second/further New Medical Use of a Known Substance/Composition * Use Swiss form of claim.
* Use of compound X to manufacture a medicine Y for treating disease Z.

Shell Biotechnology - Could not be considered as ‘surgical treatment’ since the method consciously ended in the animal’s death.

Magnetic Resonance Imaging Patent - Intravenous injection can today be delegated to a paramedical professional. Can be considered a minor routine intervention with no substantial health risk. Will be ruled out from exclusion clause Article 53(c) EPC. Not a method of treatment by surgery.

Macrossan
UK patent for automated...
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