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The industrial availability and the scope of protection of medical use invention

  • DONG-A LAW REVIEW
  • 2018, (81), pp.117-142
  • DOI : 10.31839/DALR.2018.11.81.117
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : October 1, 2018
  • Accepted : November 15, 2018
  • Published : November 30, 2018

Choi, Sang Pil 1

1동아대학교

Accredited

ABSTRACT

There are conflicting views on the patentability of Dosage Regimen and Dose. In cases where the patentability of an existing invention has a significant effect over the medicinal use, the position of recognizing its patentability is based on the need for legal protection of capital, manpower and time invested to invent new uses for medicine, etc. In contrast, there is nothing technically new about the development of Dosage Regimen and Dose, which is implemented by doctors or pharmacists through practice of medical and preparation, and it’s position that if the object is not implemented by the object invention of this method. The present text consists of analyzing the Supreme Court's position based on both views and presenting legislative improvements along with the adequacy of the application in the case.

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