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PTO issues new guidelines for the examination of patent applications in the chemical and pharmaceutical fields

On May 8, 2012 Joint Resolution 118/2012, 546/2012 and 107/2012 issued by the PTO and the Ministries of Industry and Health containing new standards for the evaluation of patent applications in the chemical and pharmaceutical fields was published in the Official Gazette.

Said Joint Resolution deals, among other topics, with Markush claims, selection patents and polymorphs.

The Joint Resolution establishes that the new criteria will be applicable immediately even to pending cases.

Since the Patent Agents were not consulted prior to the issuance of this Resolution there is no hint as to how the PTO will apply same.

Most of the contents of the Joint Resolution are unconstitutional since they contradict norms and laws which according to our legal system have higher hierarchy and carry more weight.

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