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7 September 2017Jurisdiction reportsOon Yen Yen

Clearing the medical use fog

As established in Europe and the UK, purpose-limited product claims (EPC 2000) provide full product protection for an indication, but purpose-limited process claims (Swiss type) provide protection for only the claimed manufacturing method and the product directly obtained as a result of that method. The same scenario applies in Malaysia, since section 36(3)(b) of the Patents Act provides that the scope of a process claim consists of the claimed process and product(s) obtained directly by means of the same process.

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