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| TITLE | [Affirmation of the Scope of Right (Patent)]Supreme Court Decision 2007Hu2827 Decided September 24, 2009 [full Text] |
|---|---|
| Summary | |
| [1] The meaning of ""the identical invention"" under Article 11 (1) of the former Patent Act [2] Whether it can be decided promptly that two inventions are not identical inventions in the application of Article 11 (1) of the former Patent Act, just because they have different scope of invention as one invention is ""about a thing"" and the other one is ""about a method"" (negative) [3] In case where a registered patented invention was publicly known or publicly implemented domestically prior to patent application, and thus, it is without novelty, whether its scope of right can be acknowledged (negative) [4] The case holding that paragraph (1) of the claim scope of patent invention of this case, i.e., ""besylate salt of amlodipine"" and paragraph (1) of the claim scope of the earlier-filed application, i.e., ""the method of manufacturing besylate salt of amlodipine with special characteristic of recovering besylate salt of amlodipine after the reaction of amlodipine base with benzene sulphonic acid or its ammonium salt solution in inactive solvent"" are identical inventions on the ground that they are about besylate salt of amlodipine produced by reaction of amlodipine base and benzene sulphonic acid | |
