[Title of the patent] “Antipruritic agent”

[Key issue] Whether the application for registration of patent term extension (PTE application) falls under Article 67-3, paragraph (1), item (i) of the Patent Act

Court rescinded a JPO’s appeal decision which maintained an examiner’s decision to reject a PTE application.  The examiner’s reason for rejecting the PTE application was that the approved drug having nalfurafine hydrochloride as the active component was not contained in the patent invention having nalfurafine as the active component and therefore it could not be found that upon working the patent invention, it was necessary to receive the disposition specified by Cabinet Order as set forth in Article 67, paragraph (2) of the Patent Act.