Chapter 10 - PCT And Foreign Patent Practice & Procedure
Page 16 of 60
 

Methods Of Treating Disease

Not all types of inventions are patentable abroad. Methods of treating humans for diseases, for example, are often unpatentable in foreign countries. In some instances there are clever ways around that prohibition. Instead of claiming:

"a method of treating psoriasis using a medicated shampoo having a <<novel composition>>"

it is often possible to claim one of the following:

"a method of shampooing hair by including <<the novel composition>> in the shampoo"

"a method of manufacturing a shampoo for use in treating psoriasis, by including <<the novel composition>> in the shampoo".

The language sounds the same to most people, but there is a huge difference to allowability of the claim.


Page 16 of 60