Swiss Type Claims Now Allowed In Costa Rica?
According to the Costa Rican Patent Law, methods of treatment or diagnosis are considered non-patentable subject matter. "Second use" inventions are also excluded from patentability in Costa Rica.
In jurisdictions where methods of treatments are unpatentable, the Swiss type claim was devised to enable the protection of the first, second or subsequent use of a known substance or composition. The practice of drafting Swiss type claims has not been accepted by the Costa Rican Patent Office (CRPO), considering that the format of such claims circumvents...
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