ARTICLE · 02 SEPTEMBER 2022

IP High Court Case: Determination Of Inventive Step Regarding Unexpected Advantageous Effects

Shiga International Patent Office

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Title of Invention: PTH-containing therapeutic/prophylactic agent for osteoporosis, characterized in that PTH is administered once a week in a unit dose of 100-200 units.

JapanIntellectual Property

Outline of the Court Case

IPHC Case Number: 2020(Gyo-Ke) 10071

Case Type: Revocation Action against the JPO Decision of Invalidation Trial

Judgement Date: February 2, 2022

Plaintiff: Sawai Pharmaceutical Co., Ltd. (Petitioner of Invalidation Trial)

Defendant: Asahi Kasei Pharma (Patentee)

Japanese Patent No.: 6150846 (Present patent)

Title of Invention: PTH-containing therapeutic/prophylactic agent for osteoporosis, characterized in that PTH is administered once a week in a unit dose of 100-200 units.

Summary of the Judgement:

The IPHC dismisses the JPO Decision of Invalidation Trial that found inventive step in the present invention. (JPO Invalidation Trial Number: 2018-800080)

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