NEWS & CASES

A case related to the patent for the allergic conjunctivitis treatment

http://www.dailypharm.com/News/199711 


A leading pharmaceutical company in South Korea, H company, challenged patents of a multinational pharmaceutical company, A company, which held patents for allergic conjunctivitis treatment. A company corrected specification of the patents by describing the mechanism that indicates medical effects as limitations comprising the medical use invention throughout invalidation trial and the Intellectual Property Trial and Appeal Board, admitting an inventive step of the patents, denied H company’s request. AIP, representing H company at the Patent Court of Korea, argued about the meaning of mechanism that indicates medical effects in connection with a medical use invention and that A company’s patents lack inventive step due to the mechanism that indicates medical effects, and consequently, the Patent Court of Korea invalidated the decision of the Intellectual Property Trial and Appeal Board. Also, the arguments of AIP were selected by the Supreme Court when they made a decision of this case, and the decision became a leading case for the meaning of mechanism that indicates medical effects in interpreting claims in terms of a medical use invention.