Patent Litigation | Core Technology of an Obesity Treatment Drug: Patent Registration Cancelled on the Ground That the Scope of the Patent's Limitations Was Excessive

This case concerned the scope of the patent's limitations on the core technology in a patent litigation.

In February 2021, G, a domestic pharmaceutical company, filed a patent application for a "sustained-release pharmaceutical composition containing a GLP-1 analogue" (No. 2375262).

A GLP-1 analogue is an analogue of a hormone that helps promote insulin secretion and suppress appetite. It is also well known as the active ingredient of the U.S. obesity treatment drug "Wegovy," and the patent covered a method of manufacturing a semaglutide-based long-acting obesity treatment drug.

However, the Korean Intellectual Property Office cancelled the registration on the ground that the scope of the patent's limitations was excessive. G subsequently contested the cancellation decision and filed a suit with the Patent Court, but ultimately withdrew the suit, and the patent was thereby extinguished.

Meanwhile, P, a venture company specializing in peptides, filed a patent invalidation trial against G in November 2023, but the petition was rejected because G's patent had been extinguished.

Regarding the judgment in the patent litigation, G appealed to the Patent Court, but as it voluntarily withdrew the suit, the Korean Intellectual Property Office's cancellation ruling became final.

G stated that the withdrawal of the suit was a broad-minded decision intended to grow the market for sustained-release microsphere-based long-acting drugs, but it also appeared that its plan to list on the KOSDAQ market through a technology-based special listing might be disrupted.

However, in an interview, G's representative stated that there would be no impact from the extinguishment of the patent, that the company planned to register additional patents, and that it would apply for listing during February.

For P, which had filed an invalidation trial against G's patent in November 2023, the petition itself was rejected because of the extinguishment of the patent resulting from G's withdrawal of the suit.

The reason a specialized law firm is needed in patent litigation is that patent technology is at the core of a company's competitiveness.

Securing platform technology has a significant effect on a company's competitiveness.

This case once again highlights the effect that the competitiveness of patent technology has on a company's growth, and it is likely to remain a case suggesting that establishing an accurate patent strategy is more important than anything else.

Patent litigation is a field that requires both technical expertise and legal knowledge.

When applying for a patent, a strategy that sets an appropriate scope of rights and increases the likelihood of registration is very important.

An attorney experienced in these matters can analyze the possibility of conflict with existing patents in advance and present specific strategies for defending a patent against competitors or for invalidating one.

Daeryun Law Firm LLP, through coordination between its Medical and Pharmaceutical Group and its 🔗attorneys experienced in intellectual property matters, provides tailored response strategies for pharmaceutical and bio-related patent litigation.