|Subject｜||[Patent] Patent Court Decision, 2016Heo6524, decided October 19, 2017|
Patent Court Decision, 2016Heo6524, decided October 19, 2017 (Blood Coagulation Mutation Case)
The technology to activate factor X into factor Xa outside of the body is a well-known and commonly used art.
However, unless a person with ordinary skills has gone through confirmation through specific experiment at the time of the priority date for the claimed invention in this case, it is difficult to predict whether the usual change of factor X would take place after activation of ‘prior art mutation’ and furthermore, it is even more difficult to predict what kind of activity would be exhibited by the activated form of the blood coagulation factor. The invention in Claim 1 has also confirmed that it has effect of long plasma half-life through experiments in multiple phases. Also, it is difficult to say that there was disclosure or hint of technical ideology of having long plasma half-life as blood coagulation factors when ‘prior art mutation’ is activated or to say that there was motivation to opt for such technical ideology.
Therefore, it is difficult to assess that there was possibility of simply attempting to invent or reasonable expectation for success beyond simple hope for success in this case and the premise that a person with ordinary skills applied well-known and commonly used art on prior art to generate each mutation in this case and confirmed their effects easily is only possible after already knowing the technical intent and effect of Invention Claim 1 in this case thus making it impermissible.
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