On the basis of the above provisions the Nicaraguan Patent Office accepts use claims, which are useful for reformulating therapeutic method claims, and for claiming first and further medical uses, as long as such use satisfies the requirements of novelty and an inventive step.
The Nicaraguan Patent Office accepts use claims in the Swiss style such as “use of compound (or substance) X for the manufacturing of a medicament for the treatment of disease Y”.
Claims referring to dosage regimens of pharmaceuticals, including formulation, route of administration, dosage interval, duration of treatment and any required variations to account for the patient’s age and health status are not accepted by the Nicaraguan Patent Office. Patent examiners reject dosage regimen claims on the basis that a dosage regimen is not a medical use, but a therapeutic method excluded from patentability by subparagraph b) of Article 7 of the Patent Law. Claims such as “use of compound (or substance) X for the manufacturing of a medicament for the treatment of disease Y, wherein said medicament is administered in a dosing regimen Q” are routinely rejected.
As a result, the wording of claims for second or further medical uses, which are only accepted in the Swiss style, should not include any expressions of dosage regimens that would be rejected upon examination. Examples of dosage regimens include “every 8 hours”, “before bed”, “before meals”, and in general all those terms which indicate at which specific intervals the medicine must be administered.
