Hatch-Waxman equivalent of Korea Patent Act?

It hasn’t been decided whether Article 96 of Korea Patent Act is equivalent to the Hatch-Waxman provision of the US Patent Act. Many assume Article 96 of KPA is a broader exception than the Hatch-Waxman.

Article 96 Limitations on a Patent Right

(1) The effect of a patent right does not extend to any of the following subparagraphs:
(i) working a patented invention for research or experimental purposes;
(ii) vessels, aircraft or vehicles merely passing through the Republic of Korea, or machinery, instruments, equipment or other accessories used on the vessels, aircraft or vehicles; or
(iii) articles existing in the Republic of Korea when the patent application was filed.

(2) The effects of a patent right for the invention of products used for diagnosis, therapy, alleviation, medical treatment or prevention of human disease (referred to as “medicines”) that are manufactured by mixing two or more medicines, or for the invention of processes for manufacturing medicines by mixing two or more medicines, do not extend to acts of dispensing medicines under the Pharmaceutical Affairs Act or to medicines manufactured by such acts.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: