*The Ministry of Food and Drug Safety will establish Pharmaceutical Patent Linkage
Tribunal considering that the pharmaceutical patent linkage system is a professional fieldPrevention System’ and ‘First Generic Exclusivity System’. The Tribunal will consist of
professionals in the field of medicine and pharmacology, patent, law, etc. and will focus on
appeals against actions taken pursuant to the pharmaceutical patent linkage system.
· Medical Use Claim Format
Medical use claim, in principle, must be:
1. Directed to an object,
2. Recited as a diagnosis, cure, alleviation, treatment or prevention of a disease, and
3. Isn’t differentiated between a first and second medical use claims (different from
U.S., Europe, Japan, etc.).