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- Title
When Prior Art Negates Non-Obviousness.
- Abstract
This article provides an overview of a patent law case in Korea that discusses the concept of non-obviousness in inventions. The court concluded that non-obviousness is undermined by prior art when there is structural similarity, similarity in substituents, a range of possible substituents disclosed in the prior invention, and a remarkable effect compared to the prior invention. The article emphasizes the importance of considering composition difficulty and unique effects when determining non-obviousness. The Korean Supreme Court also made two decisions regarding AstraZeneca's Forxiga, an anti-diabetic medicine, ruling that a prodrug ester of dapagliflozin developed by a Korean pharmaceutical company fell outside the scope of AstraZeneca's patent, and invalidating AstraZeneca's patent for dapagliflozin due to its lack of significant difference from a compound disclosed in a prior invention. This may allow generic companies to produce and launch generic Forxiga in the Korean market after AstraZeneca's patents expire.
- Subjects
ASTRAZENECA PLC; INTELLECTUAL property; TYPE 2 diabetes
- Publication
GRUR International: Journal of European & International IP Law, 2024, Vol 73, Issue 5, p446
- ISSN
2632-8550
- Publication type
Article
- DOI
10.1093/grurint/ikae037