beta
(영문) 인천지방법원 2020.10.13 2019나65705

손해배상(기)

Text

All appeals by the Plaintiff (Counterclaim Defendant) are dismissed.

The costs of appeal shall be borne by the plaintiff (Counterclaim defendant).

purport.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff’s domestic patent application and registration process 1) The Plaintiff filed a patent application with the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”) for an inventor as the Plaintiff on the invention “the method of entering the text of an unsatisfic book with no atmosphere time” (application number D. 2) on August 22, 2014, and the examiner of the Korean Intellectual Property Office requested the Plaintiff to correct it. The Plaintiff

9.6. An amendment to a specification, etc. was submitted and approved;

3) On December 7, 2014, the examiner of the Korean Intellectual Property Office cannot be deemed to clearly state the invention claimed in the Plaintiff. Before filing the application, the examiner notified the Plaintiff of his/her opinion on the grounds that the invention could easily be claimed by a person with ordinary knowledge in the technology to which the invention pertains, and thus, the Plaintiff could not obtain a patent. On January 27, 2015, the Plaintiff submitted an amendment to partially amend the description of the invention, such as the difference between the claim and the prior art. 4) On March 30, 2015, the Plaintiff received a decision to grant a patent and completed the patent registration as of the E date.

(hereinafter “instant patent”). (b)

(1) On November 6, 2014, the Plaintiff concluded an agreement on the international patent application and the international patent application in a foreign country (hereinafter referred to as “PC”) on November 6, 2014, on the basis of the said domestic patent application, and directly filed an international patent application under the Patent Cooperation Treaty (hereinafter referred to as “PC”), and the relevant international patent application is deemed to be “PC application.”

(1) International application number: F; hereinafter referred to as “instant PC application”).

(2) On December 30, 2014, the examiner of the Korean Intellectual Property Office, as an international research institute, sent to the Plaintiff and the World Intellectual Property Organization (WIP) International Bureau an international search report on the instant application for the PC to the International Bureau.

3 With respect to three countries, including the United States, Japan, and China on May 2, 2016, between the Plaintiff and the Defendant, who is a patent attorney operating the GIT Office.

6.2. With respect to India, each.

참조조문