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Even if prior art discloses a higher-level concept of the patented invention, non-obviousness is not negated if the difficulty of composition is acknowledged.
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In the case of so-called Markush claims (a patented invention claiming a compound which is not specifically disclosed but is included in the scope of substitutions, allowing the selection of some components from those specified in the prior art with two or more substituents), the difficulty of composition must also be considered when determining non-obviousness.
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Translated from the Korean by Dr. iur. Il Ho Lee.
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Patent Act, Art. 29(2). “Dapagliflozin”. IIC (2024). https://doi.org/10.1007/s40319-024-01486-0
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DOI: https://doi.org/10.1007/s40319-024-01486-0