NEWS & CASES

Patent Case for Diabetes Treatment Substance

http://medipana.com/news/news_viewer.asp?NewsNum=265110&MainKind=A&NewsKind=5&vCount=12&vKind=1

 

H Pharma, I Pharmaceuticals, and H Pharmaceuticals, have challenged the patent of a multinational pharmaceutical company N's diabetes treatment (Poshiga), and succeeded in invalidating the substance patent of multinational pharmaceutical company N. This was a very important case in that if the patented invention, which is a selection invention for the source material patent of N Company, could not be invalidated, it would not be possible to secure priority sales rights for generic products. AIP, representing a number of domestic pharmaceutical companies, led the invalidation of substance patent claims at the patent court stage based on the legal principle of inventive step and description rules of specification in selection invention and finally domestic pharmaceutical companies were able to maintain priority sales rights.