Starting from February 1, 2023, the USPTO will begin the new Cancer Moonshot Expedited Examination Pilot Program that advances out-of-turn applications that are directed to oncology or smoking cessation. This new program will replace the Cancer Immunotherapy Pilot Program that has been in place since 2016, and covers more technologies than only cancer immunotherapies. Applications accepted into the new program will be accorded special status in Examiner’s docket and enjoy expedited examination until the first Office action is issued (including restriction requirements). The new program is available for a non-reissue (original), nonprovisional utility application filed under 35 U.S.C. 111(a), or an international application that has entered the national stage under…
- Accelerated Patent Examination, Cancer Moonshot Expedited Examination, Expedited Examination, Patent Law, Pharma, Pilot Program, US, USPTO
-
Compositions Limited by Use: A Cautionary Tale
Section 4.2.3, Part II Chapter 10 of the CNIPA’s Examination Guidelines (“Guidelines”) stipulates that if the specification only discloses one property or use of a composition, the composition claim shall be drafted as a “composition limited by the function or the use”. Furthermore, it specifically states that “most pharmaceutical claims shall be drafted as claims limited by use” (emphasis added). Note: this rule only applies to compositions claims, not composition of matter claims directed towards a single active ingredient. Compositions are defined as any combination/mixture of two or more components, such as pharmaceutical formulations (active ingredient + excipients) or mixtures of various ingredients. How does the Examiner determine whether there…
-
How the Chinese Patent Office Rejected a Plate-Making Method Based on Food Safety Law
Previously we published an article about CNIPA rejecting a patent application claiming a food that could also be used to treat or prevent diseases based on the food’s alleged non-compliance with Food Safety Law. China’s Food Safety Law includes a provision which states any use of a composition as a food must be strictly separated from any medicinal use. Recently, we have noticed a worrying trend of such “food safety” type rejections impacting a broader class of inventions, even for inventions that are not directed towards the food itself. Here is one such case. Manufacturing Methods for Making a Plate The patent application[1] at issue is directed towards a method…