For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particl e size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy ;
9 engelhard@boehmert.de
"non -inventions“ Example India
"non -inventions“ Example India
The following are not inventions within the meaning of the Act:
•(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance ; •… •(i) any process for the medicinal, surgical, curati ve, prophylactic, diagnostic, therapeutic or other treatment of human beings or … of animals to render them free of disease or to increase their economic value •(j) plants and animals in whole or any part thereof •… •(p) an invention which in effect, is traditional knowledge…
10 engelhard@boehmert.de
“exclusions“ Example US “exclusions“ Example US
No statutory provisions of exclusions, BUT:
• Abstract ideas
• Natural phenomena
• Products of nature
• Laws of nature
excluded by case law
11 engelhard@boehmert.de
Exceptions to patentability (Europe)Exceptions to patentability (Europe) Patents shall not be granted in respect of:
(a) inventions the commercial exploitation of which would be contrary to "ordre public" or morality ; such exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation in some or all of the Contracting States;
(b) plant or animal varieties or essentially biological processes for the production of plants or animals; this provision shall not apply to microbiological processes or the products thereof;
(c) methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body; this provision shall not apply to products, in particular substances or compositions, for use in any of these methods.
12 engelhard@boehmert.de
Pharma subject matterPharma subject matter
Physical entities: • substances, compounds, compositions,
formulations
Activities: • methods of synthesis, methods of
manufacture, methods of formulating, methods of treatment
• Uses, incl. use as a medicine in general (“1st medical indication”), use as a medicine for the treatment of specific disease (“2nd or furthermedical indication”)
13 engelhard@boehmert.de
Pharma subject matterPharma subject matter
Physical entities claimed in:
• Product claims (substance, compound, salt, cystal form, solvate etc.)
(...) Claim: A compound having the structure
Wherein M+ represents a cation, and R represents n- hexyl, n-octyl, 2-ethylhexyl, 3,5,5-trimethylhexyl, or n- decyl novel
27 engelhard@boehmert.de
Novelty new forms/parameters
Scenario:Prior art discloses amorphous form and a crystalline form of compound A
Invention: specific polymorph which has specific characteristics as determined by XRPD, IR, DSC, mp
- Disclose such characteristics in the application - Disclose also alternative characteristics (secondary
bands, peak intensities, peak patterns, spectra, recording conditions of such characteristics)
28 engelhard@boehmert.de
Novelty new forms/parameters
- Disclose also method of production of new polymorph ( product-by-process claim)
- Include discussion of advantages and/or unexpected effects associated with such polymorph (because of T0777/08)
- Include comparative data (or be prepared to obtain and procure them)
29 engelhard@boehmert.de
Novelty purity
Scenario: Prior art discloses mixture of two crystalline forms A and B of a compound; pure form A is not described/disclosed in the prior art
Invention: method for the production of pure form A
30 engelhard@boehmert.de
Novelty purity
Method for the production of pure form A
Pure form A of compound …, obtainable by a method comprising the steps …
Beware of T990/96 and related decisions: “A document disclosing a low molecular weight compound and its manufacture makes normally available this compound to the public in all degrees of purity “
Include in the application a rationale why pure form was so far not available
31 engelhard@boehmert.de
Novelty Second medical use claims
Use of compound X (for the manufacture of a medicament) for the treatment of y
(G005/83, G006/83, EPC 2000)
„Swiss-type claims“
32 engelhard@boehmert.de
Second medical use claims
Scenario: Pharmaceutical substance is known but its
suitability for the treatment of a disease is not known in the prior art.
(...) DSM 2247, at the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH, DSM, in accordance with the Budapest Treaty, and which are designated A3C6E2.”
60 engelhard@boehmert.de
Example: Inventive step under the EPC
Prior art discloses:
- monoclonals specific to SCF-receptor of type IgG 2A
- methods of production of monoclonals
Invention uses:
specific cell line for production of monoclonal
- produces different type of monoclonal (IgG 1)
- monoclonal is easier to purify (no cross reactivities)
- has higher affinity to its natural ligand
61 engelhard@boehmert.de
Example: Inventive step under the EPC
Someone skilled in the art had:
no incentive to use specific cell line,
no reasonable expectation of success of obtaining a specific antibody with very specific qualities
62 engelhard@boehmert.de
Example: Inventive Step under the EPC
Confirming a reasonably expected result experimentally does not give rise to inventive step: T 249/88.
Language:English
Score: 984190.7
-
https://www.wto.org/english/tr...ability_trilatworkshop15_e.pdf
Data Source: un
Microsoft Word - Decree No 9-2009 On Regulation on Inspection Charges Levied on Imported Goods.doc
YSMO Regulation on Inspection charges levied on imported goods
No. section Custom item Commodity Group
Item Description
acco unt unit
charges Fils/ YR
from to
1 2 2.01 2.10 Meat and fish and their products
Meat and its products kg 0.40
2 3 3.01 3.07 Fish and crustaceans and their products
Fish and fish products kg 0.40
3 4 4.01 4.05 Dairy products Dairy products kg 0.50
4.06 Cheese kg 0.70
4.07 4.08 Eggs and their products kg 0.50
4.09 Honey kg 0.85
4.10 Other products
kg 0.50
4 7 7.01 7.14 Edible vegetables Vegetables kg 0.35
5 8 8.01 8.14 Edible fruits Fruits kg 0.35
6 9 9.01 9.10 Coffee, tea, Coffee, spices and condiments kg 0.60
9.02 - condiments, spices, Tea kg 0.25
7 10 10.01 10.08 Grain Wheat and mixture of wheat and rye, barley, oats, corn, rice, beans, black wheat, millet,, birds beans, etc
-
cost of fixed category to be applied
8 11 11.01 11.09 mills Products
mills Products kg 0.20
9 12 12.01 12.14 Oil seeds and fruits Seeds( Soya beans, peanuts, coconut pulp, linen, sunflower, sesame, flour and semolina seed, seeds and fruits used in perfumes
kg 0.70
10 15 15.02 15.22 Oils and fats and their products
Greases and oils and vegetable fats and animal products
kg 0.22
11 16 16.01 16.05 Aquatic Products
Crustoceans and fish products, meat and invertebrates
kg 0.40
12 17 17.01 17.02 Sugar Products(sweets)
Sugar cane or beet sugar and chemically pure sucrose, and other types of sugar (maltose)
kg cost of fixed category to be applied
17.03 - Molasses (molasses) kg 0.70
17.04 - Sugar confectionery (candy and soft, halva, candles
kg 0.60
17.04.1 - Gum kg 0.75
13 18 18.01 18.06 Cocoa and products Cocoa and products kg 0.80
14 19 19.01 19.05 Products based on grain or flour, starch
or milk
Pastes, powders, biscuits, and Weaver, pastries, corn flakes
kg 0.80
15 20 20.01 20.06
Vegetable and fruit products
Other products from vegetables or fruit and fruits, and parts of plants preserved by vinegar or otherwise
kg 0.40
20.07 - Jam, Marmalade, Fruit puree kg 0.50
20.08 - Fruit, nuts, and parts kg 0.40
20.09 - fruit and vegetable Juice kg 0.35
16 21 21.01 -
Coffee and tea concentrates and its products
kg 0.60
21.02 - Yeast powder kg 0.50
21.03 - Sauce products and ingredients, mixed seasoning
kg 0.40
21.04 - Miscellaneous food products
Flour and powdered mustard, and their products.
kg 0.50
21.05 - Iced products kg 0.40
21.06 - Other food products ( cream caramel, food powder, supplementary children foods)
kg 0.50
17 22 22.01
Natural mineral water, soft drinks and
vinegar and its alternatives
Mineral water, soft drinks with no sugar and flavors
kg 0.20
22.02 Water minerals, carbonated, unsweetened, and unflavored ,sweetened and flavored soft drinks
kg 0.25
22.09 Vinegar and its edible alternatives
kg 0.40
18 23 23.01 23.09 Animal food Animal fodder and animal food made from flour and plants…etc
kg 0.10
19 24 24.01
Tobacco and its products
Raw tobacco or unprocessed tobacco
kg 0.60
24.02 24.03 Cigarettes, cigar, other typed made from tobacco and its alternatives
kg 1.00
20 25 25.01
Mineral products
salt kg 0.30
25.02 25.30 Other metal products ( cement, lime and mica etc.
- cost of fixed category to be applied
21 26 26.01 26.21 Metal ores Metal ores and concentrates, its remnants, impurities and ashes( zinc, titanium, chrome etc..),
- cost of fixed category to be applied
22 27 27.01 27.08
Fuel and mineral oil
Briquette, gas coal etc kg cost of fixed category to be applied
27.09 27.10 Oil, oil from mineral products, Bituminous minerals, raw or un-raw and its products
- 0.50
27.11 27.16 Petroleum jelly, petroleum gases, oil tar etc..
- cost of fixed category to be applied
23 28 28.01 28.53 Non-organic chemical products
and organic and non- organic compounds
- cost of fixed category to be applied
etc. 24 29 29.01 29.42 Organic chemical
products, - cost of fixed
category to be applied
25 31 31.01 31.05 fertilizers
Fertilizers ( from animal or plant origin, nitrogen, phosphate or potassium based) mineral or chemical
kg 0.20
26 32 32.01 32.15 Paints, coloring, tanning, dying and inks
Paint and varnish, putty, and printing inks…etc
kg 0.75
27 33 33.01 33.04
Materials and Cosmetics
Perfumes, oils, perfume mixtures and cosmetic
kg 1.50
33.05 33.06 Hair care products, mouth and teeth
kg 1.20
33.07 Products used before, during and after shaving and deodorant
kg 1.50
28 34 34.01 34.07 except 34.02
Soaps and detergents
Soap, lubricating products, synthetic candles for lighting, detergents, polishers in the form of spreads and paste
kg 0.50
34.02 Manufactured detergents (washing preparations)
kg 0.60
29 35 35.01 35.07 Albuminoidal substances, modified starches, gluten, enzymes
Glue, enzymes, bomin and its salts and derivates
kg 0.60
30 36 36.05 Safety matches Safety matches kg 0.75
31 37
37.01 37.07 Product of Photography and
Film
Cardboard sheets, textile, and chemical products for photography etc.
kg cost of fixed category to be applied
32 38 38.01 38.24
Miscellaneous chemical products
Graphite, washing solvent, resin acid, pesticides, rodent killers , anti weed compounds..etc
kg cost of fixed category to be applied
38.14 Organic solvents and compound thinners
kg 0.75
38.19 38.20 Hydraulic brake fluids and transformation of movement and anti-freezing
kg 0.50
33 39 39.01 39.26
Plastics and affiliated industries
Polymers ( ethylene, propylene, styrene, vinyl acetate, acrylics, Pipes, tubes, hoses, fittings,
-
cost of fixed category to be applied
34 40 40.01 40.17 Products (natural - Sheets - Sheet - renew - residues and
-
cost of fixed category to
Rubber and its industrial products
scraps and wastes - composite and other forms) of rubber, threads, pipes, tubes, gloves
be applied
40.11 40.13 Tires 1.50
35 41 41.01 41.15 Leather Raw leather or suede or equipped
kg 0.50
36 42 42.01 42.06 Leather product Leather (Bags of all kinds - Bags - Wallets - Clothing and accessories dresses - Other products ....) of leather or renew leather
kg 0.75
37 43 43.01 43.04
Fur and leather products: natural or
artificial
Fur skins (raw - tanned - Equipped - Clothes and supplies for dresses) and their products natural or artificial
kg 0.60
38 44 44.01 44.21 Timber and its industrial products
Timber and its industrial products
-
cost of fixed category to be applied
39 45 45.01 45.04 Cork and its manufactures
Cork (natural - raw - prepared - waste - crushed - powder -
-
cost of fixed category to
blocks - boards - plates) and its products
be applied
40 47 47.01 47.07 Pulp of wood, fibrous cellulosic material
Pulp (wood mechanism - chemical wood - wood and chemical mechanism - waste and waste paper and cardboard - materials for the fibrous
-
cost of fixed category to be applied
41 48 48.01 48.23
except
48.18
Paper and paperboard and its manufactures
Paper (for printing and writing, Carbon paper, cellophane, Kraft, books, cigarettes, wax, engineering drawing, carburetor self) boxes and bags and packages
kg 0.30
48.18
Toilet paper - tissues - blankets and towels for desks and tables - towels and healthy raincoats - diapers - and the linings of children and health related items - clothing and accessories
kg 1.20
42 50-63 50.01 63.10
Spinning and weaving products
Includes all products, yarn and textile industries - garments and accessories - Textiles - Yarns of all kinds - carpets and floor coverings - blankets - traveling rugs - packing bags
-
cost of fixed category to be applied
- Woven drink - stuffing the Felt - curtains - furniture - textile fibers ... etc
43 64 64.01 64.06 Shoes and the like and parts
Shoes (plastics - Rubber leather or composition leather - textile materials ... etc) and its parts
kg 0.60
44 65 65.01 65.07 Headgear and its parts
Hats and headgear caps -
cost of fixed category to be applied
45 66 66.01 66.03 Umbrellas (rain and sun) and sticks
Umbrellas for (rain- sun) - sticks - and its parts
-
cost of fixed category to be applied
46 67 67.02 Artificial flowers and leaves
Flowers, leaves and artificial fruits and its parts
-
cost of fixed category to be applied
47 68 68.01 68.03 Articles of stone or cement
Paving stones, paving roads -
cost of fixed category to be applied
68.04 Cutting and grinding stones kg 0.85
68.05
68.15
Powders or granules of material provoking natural or artificial pregnant - Articles of cement, stone or plaster ... friction tools
-
cost of fixed category to be applied
48 69 69.01 69.05 Ceramic products Bricks and blocks and Tiles and tiles and pieces of pottery, brick building, brick ... etc
kg 0.15
69.06 Pipes and tubes, and its links and its parts of ceramic
kg cost of fixed category to be applied
69.07 69.08 Ceramic products (tiles - tiles) and similar items
0.30
69.09 69.14 Ceramic products (wash basins - Sinks - Sinks and rules - utensils and tableware, kitchen or home - statues - Equipment and varieties of laboratories)
0.40
49 70 70.01 70.20 Glass products Glass and mirrors (flat - Drawn - blown - polished - engraved - Pierced - Insulator, etc. ... bottles and bottles and Jugs and pipes - products and tools are made of glass ... etc.
- cost of fixed category to be applied
50 71 71.01 71.17 Expensive metals , jewelry and precious metal
Pearl - diamond - gemstones or semi-precious - silver - gold platinum – jewels, jewelry ... etc
- the Regulation of standards and jewelry to be applied
51 72 72.01 72.29 Iron ,and steel Primary products of iron in the - cost of fixed
form of granules or powder products, flat-rolled bars and rods, and the corners and bars and rods, angles
category to be applied
52 73 73.01 73.26 Iron made products Pillars and corners, and supplies for bars rails iron or steel - bridges and parts of bridges - Tanks, drums and tanks - receptacles for compressed or liquefied gas - wire - ropes - and cable - screws - nuts
- cost of fixed category to be applied
53 74 74.01 74.19 Copper and its products
Copper (half the stuff - pure - not pure - copper alloys - waste and scrap – key alloys - chips and powders)
- cost of fixed category to be applied
54 75 75.01 75.08 Nickel and its products
Nickel (half-raw - raw - felted - waste and scrap - chips and powder) ... etc
- cost of fixed category to be applied
55 76 76.01 76.16 Aluminum and its products
Aluminum (raw - scrap and waste - powders and flakes) tableware
- cost of fixed category to be applied
56 78 78.01 78.06 Lead and its products Lead and its products - cost of fixed category to be applied
57 79 79.01 79.07 Zinc and its products Zinc and its products - cost of fixed category to be applied
58 80 80.01 80.07 Tin and its products Tin and its products - cost of fixed category to be applied
59 81 81.01 81.13 Other base metals, metal alloys,
ceramics and cermets its manufactures
Tungsten - - tantalum - magnesium - cobalt - manganese - titanium ...) and their products
- cost of fixed category to be applied
60 82 82.01 82.15 Tools, and cutting and table tools of
ordinary base/ metal
Shovels - mattocks - shovels - hand saws - files - pliers - cutters screws - wrenches,. etc.
- cost of fixed category to be applied
61 83 83.01 82.11 Miscellaneous types of
base / ordinary metal
Locks - bolts – to fix furniture and doors - Cabinets - Safe boxes of files - bells, and bells - pipes and tubes - plugs and covers ...etc
- cost of fixed category to be applied
62 84 84.01 84.78
Boilers, machinery, equipments, machine
tools and its parts
Boilers and equipment to assist them used to generate the generator - turbines - combustion engines - pumps - fans refrigerators - freezers - heaters - sprinklers - washing machines - extinguishers ... etc
- cost of fixed category to be applied
84.23 weight, counting & adjustment
equipment, and balance adjustment
- the Regulation of standards to be applied
63 85 85.01 85.48 Machinery and electrical equipment
Electric motors and generators - electric transformers - electrical apparatus for domestic use - hanger combustion and parts - electric transformers - vacuum cleaners - electronics for domestic use - phones - cameras - TV …etc
- cost of fixed category to be applied
64 87 87.01 87.05 Automotive, its parts
and its fittings
Small vehicles, medium and light transport and trucks and buses (used and new)
- the fee of transport means list to be applied
87.06 87.08 Structures and hulls and parts and accessories for vehicles
- cost of fixed category to be applied
87.11 87.14 Motorcycles and ordinary two-wheeled carts and the disabled and their parts and fittings
- cost of fixed category to be applied
87.15 Children transporting vehicles - cost of fixed category to be applied
65 90 90.01 90.14
Tools and equipment for optics,
photography and measurement
Lenses, sunglasses, their parts and cameras
- cost of fixed category to be applied
90.15 90.17 Measurement tools for space, dimensions and weights
- the regulation of standards to be applied
90.17 90.24
90.25 90.26 Measure tools for density, pressure and humidity
- the regulation of standards to be applied
90.28 90.32 Counters for gases and liquids, electricity, cars and spaces and their parts and fittings
- the regulation of standards and jewelry to be applied
66 95 95.01 95.03 Toys & community games for
entertainment and sports
Bicycles, vehicles and models of entertainment and children's toys with engine or by other means
- cost of fixed category to be applied
67 96 96.01 96.17 Miscellaneous
manufactured articles Cosmetics (for nails - toilet and clean brushes for shoes and clothing - buttons staplers - pens - combs - fasteners hair - scent receptacles dielectric buffer ... etc.)
- cost of fixed category to be applied
Fixed categories
No.
Language:English
Score: 975391.8
-
https://www.wto.org/english/th...e/yem_e/WTACCYEM33A2_LEG_1.pdf
Data Source: un
