Date of Judgment: October 22, 1999
Issuing Authority: Supreme Court
Level of the Issuing
Authority: Final Instance
Type of Procedure: Judicial (Administrative)
Subject Matter: Patent (Inventions)
Summary of the
judgment (decision):
'The period
in which the patented invention could not be worked' due to the necessity of
obtaining approval of production etc. as provided by the Law on Pharmaceutical
Business, which serves as a ground for the registration of extension of the
period of subsistence of the patent is the period between the date of the
beginning of the test which is required for the approval, or the date of patent
registration, whichever is later, and the day before the date when the above
approval took effect by reaching the applicant.
(This
translation is provisional and subject to revision.)