NEWS & CASES

A case related to the patent for the erectile dysfunction treatment drug

http://dailymedi.com/news/view.html?section=1&category=7&no=755042 


A leading domestic pharmaceutical company, C company, challenged the patent for the erectile dysfunction treatment drug owned by a multination company, H company. AIP won this case, which is also known as ‘Viagra case,’ by developing exquisite point of arguments related to legal principles for judging an inventive step of the second invention of pharmaceutical use and for description requirements to be applied for the second invention of pharmaceutical use, and demonstrating these points to the judge panels of the Intellectual Property Trial and Appeal Board, the Patent Court of Korea, and the Supreme Court, which resulted in the ruling that the description requirements comparable to those for the first invention of pharmaceutical are needed for the second invention of pharmaceutical as well. As a result, it made the manufacture of affordable generic products possible in replace of expensive original Viagra products, contributing greatly to the national health.