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(영문) 특허법원 2017.11.29 2016허5521

등록무효(특)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

가. 특허권 존속기간의 연장등록 대상인 특허발명(이하 ‘이 사건 특허발명’이라 한다) 1) 발명의 명칭: 신규한 트리아졸로 [4,5-d]피리미딘 화합물 2) 출원일/우선권주장일/출원번호/등록일/등록번호: 2001. 6. 2./1998. 12. 4./제10-2001- 7006907호/2007. 7. 19./특허 제742924호

B. An applicant for registration of extension of a patent term extension (hereinafter referred to as “instant application for registration of extension”)/application number for registration of extension (hereinafter referred to as “instant application for registration of extension”) / Application number: The extended period filed on October 21, 201 (No. 10-201-01-108265 (b): January 29, 201 (the total period from July 19, 2007, the date of registration of establishment of the patent right, to February 9, 2009, the date of commencement of the clinical trial) from July 19, 2007 to February 21, 2009) - the period required for marketing approval of imported (the total period from September 3, 2010, to July 22, 2011, the date of application for marketing approval) (hereinafter referred to as “decision of total from October 19, 2015) - the registration of extension was made on January 13, 2010

(A) Claims subject to extension: Paragraphs (1) through (5), (22) through (24) (hereinafter “instant extension invention”) shall be construed as “the instant extension invention”).

(B) The expiration date of the term prior to the registration of extension: The extension period: 719 days: the marketing approval of the drug: No. 103 of the marketing approval of the drug.

C. The developments and contents of the marketing approval of drugs (hereinafter “instant permission”) are as follows: (i) the establishment of a patent on the date of the instant permission / the marketing approval of drugs (the examination of safety and effectiveness of the preliminary examination of drugs is to examine the safety and effectiveness of the marketing approval of drugs subject to permission, such as the results of clinical trials, toxicity, pharmacological action, etc.

The examination of milk shall be conducted (hereinafter referred to as "examination of milk").

/ Examination of drug standards and testing methods at time shall be made of drug items.