프로드러그 물질의 생산·사용·양도등 행위와 특허권의 직접·간접 침해: 이른바 ‘다파글리플로진 포메이트 사건’을 중심으로 = Production, use, transfer of prodrug substances, and direct or indirect infringement of the patent: Focusing on the dapagliflozin formate case

다국어 초록 (Multilingual Abstract)

This study explored whether the utilization of dapagliflozin formate, a dapagliflozin prodrug, constitutes direct (including literal infringement and infringement under the doctrine of equivalents) and indirect infringement, against a patent covering a broader concept encompassing dapagliflozin. Dapagliflozin formate differs from the patented invention in its formate component; hence, neither literal infringement nor use infringement can be recognized. Although the requisite conditions for infringement under the doctrine of equivalents for a dapagliflozin prodrug have been met, upon reviewing the prosecution history, it is reasonable to refute infringement due to the intentional exclusion of dapagliflozin formate. Moreover, even if dapagliflozin is generated as a metabolite within the body, it is not justifiable to consider it as the product of a patented article. Therefore, indirect infringement cannot be established.