beta
(영문) 특허법원 2016.08.18 2015허6268

거절결정(특)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Case summary

A. 1) On June 8, 2012, the Plaintiff’s name to the Korean Intellectual Property Office on June 8, 2012 (hereinafter “instant patent application invention”) is an invention “Aelel Agomelatine” (hereinafter referred to as “instant patent application invention”) that is an invention whose side effect, such as an increase in the weight, sexual disorder, and severe selis, is less than that of other anti-friendly systems. In addition, the Plaintiff’s new joint-determination, its manufacturing process, and pharmaceutical products containing this, is an invention.

(B) On March 21, 2014, the examiner of the Korean Intellectual Property Office rendered a decision of refusal on the ground that the invention of this case is not patentable pursuant to Article 29(2) of the Patent Act, on June 9, 2011 and August 25, 2011.

3) On April 21, 2014, the Plaintiff filed a petition for a trial seeking the revocation of the foregoing decision of refusal with the Intellectual Property Tribunal (No. 2014 Won2317). On August 31, 2015, the Intellectual Property Tribunal dismissed the Plaintiff’s above request for a trial (hereinafter “instant trial decision”).

B) B. B. The Claim No. 1 (amended on January 15, 2014) 【Claim No. 1】 N- [2-(2-(7-Metho-1-Nethyl) ethyl), and organic acid in solid state at the surrounding temperature, with a feature of the development of Pacific Crythr Crythr acid, Maur acid, Maur delivery, Maur acid, Maur acid, Maur acid, Maur delivery, glycin acid, glycin acid, or Zurgic acid, which is an organic acid in the core condition of 2-(I), 31-21 through 24-2, 20-1] the joint decision-making (crythalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalthalth.)