등록정정(특)
1. The decision made by the Intellectual Property Tribunal on July 26, 2017 on the case No. 2017No40 shall be revoked.
2. Of the costs of lawsuit.
1. Basic facts
A. Circumstances 1 of the instant trial decision: Defendant Intervenor’s Intervenor (hereinafter “Supplementary Intervenor”)
- 2016
6. 29. The Patent Tribunal No. 2016Da1858 against the Plaintiff:
The Patent Tribunal filed a petition for a trial on invalidation of a patent on each claim of the instant patent invention as indicated in the claim, and accordingly, on November 11, 2016, the Intellectual Property Tribunal rendered a trial on invalidation of a patent on the grounds that the nonobviousness of each claim of the instant patent invention is denied."
AB made it.
Accordingly, on December 28, 2016, the Plaintiff filed a lawsuit against the Intervenor seeking the revocation of the relevant invalidation trial decision by this Court No. 2016Heo9783 (hereinafter referred to as “related invalidation case”).
(2) On the other hand, the Plaintiff filed a claim 1, 7, and 8 of the instant patent invention with the Intellectual Property Tribunal No. 2017No40 on April 28, 2017, where the relevant invalidation case is pending in this court.
A petition for correction trial of this case was filed to the effect that correction is made as described in the claim.
3. On July 3, 2017, an administrative patent judge of the Intellectual Property Tribunal did not meet the corrective requirements under Article 136(1)1 through 3 of the former Patent Act (amended by Act No. 14035, Feb. 29, 2016; hereinafter the same shall apply) because the term "the Plaintiff on July 3, 2017," among the claims 1 and 7 of the instant patent invention, "a number of copies" and "in contact with the crosss of crossss of crossss of crossss of crossss of crossss of crossss of crossss of the instant patent application," and "a part of crosss of crosss of crosss of crosss of patent applications 7 of the instant patent invention claims of this case, was substantially modified, and thus did not meet the corrective requirements under Article 136(3)
The notice of correction of the opinion was given.
4. On July 14, 2017, the Plaintiff shall comply with the notice of the submission of the above corrective statement to the Intellectual Property Tribunal:
As described in paragraph (1), “the claim of this case against the claim 1 and 7 of this case at the beginning.”