「知財管理」誌

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掲載巻(発行年) / 号 / 頁 6巻(2006年) / 2号 / 11頁
論文区分 論説
論文名 Trilateral Comparative Study of Functional Definitions for Medical Compounds−Study of patentability and validity of medical use claims defining effective ingredients by function
著者 バイオテクノロジー委員会
抄録 Three years have passed since the publication of a report of trilateral comparative study on
reach-through claims. During these three years, many examination decisions were made with regard to
reach-through claims. In this connection, we conducted a comparative study on how claims for function-
defined medical uses have been examined since then and discovered that the judgment on patentability
differs greatly between an application claiming a publicly-known target or an active ingredient
that is partially well-known or publicly-known and an application claiming both new target and
function-defined medical use at the same time.
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