Redefining patent criteria

Kim & Chang’s Youngsun You, Sang Nam Lee and Ji Youn Kim discuss a Korean Supreme Court finding that ‘constitutional difficulty’ must be considered when assessing the inventiveness of a selection invention

Youngsun You, Sang Nam Lee and Ji Youn Kim - Kim & Chang

On 8 April 2021, the Supreme Court of Korea issued a landmark decision upholding the validity of a selection invention patent covering apixaban (the active ingredient in BMS’ Eliquis product), reversing the lower patent court decision and redefining the standard for patentability of selection inventions in Korea.