NEWS & CASES

A case related to the patent for hepatitis treatment

http://www.dailypharm.com/News/198227 


A leading pharmaceutical company in South Korea, H company, filed an invalidation trial against a multinational pharmaceutical company, B company, regarding B company’s patent for usage and capacity of hepatitis treatment. AIP won the cases at the Intellectual Property Trial and Appeal Board, the Patent Court of Korea, and the Supreme Court by developing logics relating to whether usage and capacity can be elements of medical use invention, how an inventive step of the invention needs to be judged. This case greatly contributed to the establishment of a legal principle that patentability of medical use invention limited to usage and capacity must be strictly judged. The Supreme Court’s ruling was en banc and became a leading case that laid out the criteria for judging the patentability of a medical use invention.