Generic companies won 9 out of 10 patent disputes

in the first trial

Researcher Lee Myung-hee announced the Impact Assessment of the Permit Patent System at the Pharmaceutical Intellectual Property Policy Forum

In nine years, there have been 1,087 appeals from generic companies, with 962 citations or some citations.

The negative scope of rights confirmation trial citation rate was 98.8%, and the invalid trial was 79.8%

In a patent dispute between the original company and the generic company over generic for exclusivity, a study found that the generic company's first trial winning rate reached 88.5%.

 

Lee Myung-hee, a senior researcher at the KIIP, announced the results of the impact assessment of the licensing patent-linked system at the 2022 Pharmaceutical Intellectual Property Policy Forum co-hosted by the Ministry of Food and Drug Safety and the Korea Intellectual Property Protection Agency on the 15th.

 

According to the researcher, a total of 1,087 patent trials have been filed over the nine years since 2013 until the end of last year.

 

Generic companies have a winning rate of 88.5%.

 

Generic companies claim the patent held by the original company in three ways.

 

They include a passive judgment for confirming the scope of rights, a judgment for invalidation, and a judgment for invalidation of the extension of the duration.

 

Among them, the passive judgment on the scope of rights has the highest winning rate for Generic companies.

 

Since 2013, 795 passive rights scope confirmation trials have been filed, of which 767 (96.5%) have been cited.

 

Some citations include 19 cases (2.4%), 8 cases (1.0%), and 1 case of withdrawal.

 

If Generic companies request a passive judgment on the scope of rights, 98.9% of them were cited or partially used.

 

In the case of invalidation trials, the winning rate of General Motors is a little low at 78.9%.

 

A total of 218 invalidation trials were filed over the nine years from 2013 to last year, of which 161 (73.9%) were cited and 13 (6.0%) were partially cited.

 

The winning rate of generic companies, which combines citation and partial citation, is 79.8%.

 

The Korean Intellectual Property Tribunal's rejection (24 cases), partial dismissal (13 cases), and withdrawal (7 cases) were 20.2%.

 

In other words, if General Electric filed for invalidation judgment, the original company succeeded in one out of five cases.

 

Generics have not won the trial that was filed to invalidate some of the extended patent duration.

 

There were a total of 74 trials for invalidation of the extension of the patent duration from 2013 to last year.

 

Among them, only two cases (2.7%) were cited.

 

There were 68 cases of rejection (91.9%), and 4 cases of withdrawal (5.4%).

 

This means that most of the original companies won the dispute over the extended patent duration.

 

Lee Myung-hee, a senior researcher, said, "The Ministry of Food and Drug Safety's approval rate for generic exclusivity sales items is 79.2%, which can be interpreted as meaning that generics are taking on patent challenges with considerable grounds."