The following subcategories of inventions are patentable subject matter under current Japanese practice.
i) a human- or animal-derived materials such as cells or cell-derived materials.
ii) novel use of known human- or animal-derived materials such as cells or cell-derived materials.
Such novel use should be claimed in the form of product claims, for example:
A cultured cell sheet derived from oral mucosa epithelial cells for regenerating cornea.
Such novel use should NOT be claimed in the form of simple method claims, for example:
Use of a cultured cell sheet derived from oral mucosa epithelial cells for regenerating cornea.
A method of regenerating cornea by using a cultured cell sheet derived from oral mucosa epithelial cells.
The distinction between the product claims and the method claims is, again, whether the practice of physicians and medical doctors should fall within the scope of the claim or not.
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