earticle

논문검색

투여용량 · 용법에 특징이 있는 의약발명의 특허성

원문정보

Patentability of medicinal invention characterized in which dosage and administration is specified

신혜은

피인용수 : 0(자료제공 : 네이버학술정보)

초록

영어

This article is related to patentability of medicinal invention characterized in which dosage and administration is specified. According to the practice of Korean Intellectual Property Office, medical procedure such as treatment method of human being is unpatentable for the reason that requirement of industrial applicability is not met, even though it satisfies the requirements of novelty, inventive step and so on. Meanwhile, a medicinal use invention, an invention of a product, can be patented. In accordance with exhaustion of new material, the importance of medicinal use invention is growing. Recently, there are a lot of applications for medicinal use inventions which are based on discovering of a new dosage and administration as well as based on discovering of a new medicinal use of a material itself. A new dosage and administration of a medicine may be considered as treatment method of human being even though it is claimed as an invention of a product. For that reason, European country and Japan did not give a patent to a medicinal invention characterized in which dosage and administration is specified. However, according to revised EPC 2000, any substance or composition for any specific use in a method for treatment of the human can be patented provided that such use is not comprised in the state of the art. In addition, according to revised version of Japanese Patent Examination Guideline, a medicinal invention characterized in which dosage and administration is specified is also patentable provided that it satisfies the requirements of novelty, inventive step and so on. Through comparative research this article suggests to revise Examination Guideline for medicinal use invention to permit patentability of medicinal invention characterized in which dosage and administration is specified.

목차

I. 들어가며
 II. 의약발명의 보호
  1. 의약발명의 특허법에 의한 보호
  2. 현행 심사기준
  3. 관련 판례
 III. 외국의 입법례 및 실무경향
  1. 미국
  2. 유럽
 IV. 의약용도발명의 합리적인 보호범위
  1. 선행 판례에 대한 비판
  2. 투여용량·용법을 의약용도발명의 구성요소로 볼 수 있을 것인지?
  3. 의약용도발명의 합리적인 보호범위
 V. 마치며
 참고문헌
 

저자정보

  • 신혜은 Shin, Hye-Eun. 충북대학교 법학전문대학원 부교수.

참고문헌

자료제공 : 네이버학술정보

    함께 이용한 논문

      ※ 기관로그인 시 무료 이용이 가능합니다.

      • 9,300원

      0개의 논문이 장바구니에 담겼습니다.