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TITLE [Rejection Decision (Patent)]Supreme Court Decision 2006Hu3564 Decided January 30, 2009 [full Text]
Summary
[1] Whether stating a use of medicine only with a pharmacological mechanism meets the requirement of claims under Article 42 (4) 2 of the Patent Act (affirmative with qualification) [2] Even though patent claim 2 related to the medicinal use invention described the use of effective ingredients only with its pharmacological mechanism, not with specific diseases or the medicine's effect, the claim meets the requirement of claim specificity because it clearly shows the specific medicinal use in light of the detailed prescription of the invention.
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