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TITLE Supreme Court Decision 2014Hu2702 Decided August 29, 2017【Invalidation of Registration (Patent)】* First draft [full Text]
Summary
[1] Requirement for acknowledgement of the nonobviousness of an invention of medicinal use with a specific administration and dosage
[2] In a case where Company B filed for a patent invalidation adjudication against Company A’s patent invention under the title of “Pharmaceutical Composition of Phenyl Carbamate for Transdermal Administration” on the ground that the nonobviousness of patent claim 1 of the instant patent invention offering new medicinal use via transdermal administration can be denied, the case holding that: (a) the nonobviousness of the instant Claim No. 1 cannot be denied given that the use of transdermal administration is a different effect which a person with ordinary skill cannot anticipate in light of either the level of technological sophistication or the publicly known art at the time of patent application; (b) nevertheless, the lower court determined otherwise; and (c) in so doing, it erred by misapprehending the legal principle
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