Medicine And Medically Related Inventions

Korean Patent Law provides for patentability of inventions that have "industrial applicability" . The Examination Guidelines provide that the term "industry" is to be understood in its broadest sense, but section B(a) expressly excludes surgical, therapeutic, and diagnostic methods practiced on the human body. Further, section B(c) expressly excludes from patentability "a gene, a vector, a recombinant vector, a transformant, a fused cell, a protein, a recombinant protein and a monoclonal antibody whose utility is not described based on the patent specifications". Accordingly, all methods of operating upon, treating, or diagnosing must expressly disclaim use on humans. Korea does allow claims directed to pharmaceuticals and medical devices per se.