존속기간연장무효(특)
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the grounds of appeal Nos. 1 to 4, and 6
(a) To implement an invention of a medicine, etc., permission, etc. should be obtained in accordance with the Pharmaceutical Affairs Act, etc. in order to promote the public health and sanitation of the people and to ensure safety and effectiveness of the invention, and the patentee would be at a disadvantage that the patented invention
Therefore, Article 89(1) of the former Patent Act (amended by Act No. 12753, Jun. 11, 2014; hereinafter the same) provides that “In cases of an invention prescribed by Presidential Decree that takes a long period of time due to an activity, safety test, etc. necessary for executing a patented invention, etc. (hereinafter “permission, etc.”) in order to remedy such disadvantage and protect and encourage the invention of a medicine, etc., the term of the relevant patent may be extended within five years for the period during which the patent could not have been worked, notwithstanding Article 88(1) of the same Act.”
However, Article 89(2) of the former Patent Act provides, “In the application of paragraph (1), the period required for a cause attributable to a patentee shall not be included in “unworking period” under paragraph (1). Thus, where a procedure for permission, etc. is delayed due to a cause attributable to a patentee, etc., the period recognized as a cause attributable to such cause shall not be included in the scope of extension of patent term
On the other hand, the patent term extension registration is registered.