Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487
Research Article

A Purposive Interpretation-centered Methodology for Interpreting Article 7(1)1 of the Enforcement Decree of the Patent Act

The Wave IP Law Firm, Republic of Korea

Correspondence to Jae Yong Jeong (toori10235@gmail.com)

Volume 21, Number 3, Pages 1-30, September 2026.
Journal of Intellectual Property 2026;21(3):1-30. https://doi.org/10.34122/jip.2026.21.3.1
Received on April 19, 2026, Revised on May 19, 2026, Accepted on September 04, 2026, Published on September 30, 2026.
Copyright © 2026 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.

Abstract

This study examines the interpretation of key terms in Article 7, Paragraph 1, Subparagraph 1 of the Enforcement Decree of the Patent Act, focusing on Supreme Court Decision 2021Hu11070 from July 25, 2024. This judgment established a standard by interpreting “pharmaceutical efficacy” as the indication, “active part” as the active moiety, and “active component” as the active ingredient. Accordingly, this study proposes interpreting the meaning of “substances with a novel chemical structure” in Subparagraph 1 in accordance with the purpose of the term extension system, while considering cases where an invention’s implementation is restricted due to complex licensing procedures. Based on pharmaceutical classification by the Ministry of Food and Drug Safety, new drugs are considered eligible for extension registration applications, generic drugs are excluded, and only a portion of data submission drugs are included. Overall, this interpretation emerges as significant because it fills the gaps in interpretation while ensuring consistency with the systems of major countries and existing precedents.
Keywords

patent term extension application, marketing authorization, Pharmaceutical Affairs Act, active moiety, active ingredient

Notes

Conflicts of Interest

No potential conflict of interest relevant to this article was reported.

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

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