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Revision of the guidelines for the substantive examination of national patent applications per 1 April 2017
The IPI has revised its guidelines for the substantive examination of national patent applications. The changes concern the following main points:
- Paragraph 10.3.2. concerning the use of therapeutic active ingredients has been further defined in order to take into account current practice since the introduction of Art. 7d PatA for claims concerning the further use of an active substance.
- In Chapter 13, examination criteria under paragraph 13.2 and 13.3 with regard to supplementary protection certificates (SPCs) have been further specified and a new paragraph 13.4. introduced. These modifications address issues concerning the combination of active ingredients, SPC applications by several companies within the same group and SPCs with a negative term of validity.
The remaining modifications are essentially of an editorial nature.
The revised guidelines entered into force on 1 April 2017 and will be applied to all pending procedures. The guidelines are available in the IPI's website.