Article: Korean Supreme Court Reverses its 1985 Chevron Decision on Improvement Invention.(Case overview)

In its unanimous decision rendered on August 12, 2001, the Korean Supreme Court reversed the infamous “Chevron” case decided in 1985. Specifically, in Nissan Kagaku Kogyo Kabushiki Kaisha v. LG Chemicals Co., Ltd. (Supreme Court Case No. 98 Hu 522), the Supreme Court held that a junior chemical process invention which utilizes all of the elements constituting a senior patented invention and adds a catalyst to obtain superior results still falls within the scope of the earlier patent, overturning the 1985 Chevron decision.

Improvement Invention

In Article 98 of the Korean Patent Act, it is provided that “the patentee or licensee of a ...

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