2018.08.29
Right of prior use
[Title of the invention] “Pharmaceutical”
[Key issue] “Right of prior use” of Article 79 of the Patent Act.
In an injunction case requested on the basis of a pharmaceutical patent, Court did not affirm a right of prior use for Appellant stating that the technical idea embodied in a sample drug of the Appellant’s product could not be an invention having the same content as the patent invention.