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TITLE | Supreme Court en banc Decision 2014Hu768 Decided May 21, 2015¡¼Confirmation of the Scope of Patent Right¡½ [full Text] |
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Summary | |
In a case where the administration and dosage of a medicine are added on top of the target disease or efficacy of a pharmaceutical medicine as an invention of a product, whether the administration and dosage constitute an element of invention (affirmative), and whether a patent may be newly granted to a pharmaceutical medicine meeting the patentability requirements including novelty and non-obviousness by adding a new pharmaceutical use, namely, administration and dosage (affirmative) / Whether this legal principle likewise applies when determining whether the challenged invention brought by the petitioner as the subject matter of a trial to confirm the scope of a patent right could be easily implemented from the publicly known art (affirmative) |