직무발명보상금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. The principal lawsuit is extended by this Court.
1. Basic facts
A. The Plaintiff’s employee joined the Defendant on January 1, 1991. From July 13, 1992 to February 16, 1995, the Plaintiff was affiliated with “C Team”, a department that makes an invention related to the Defendant’s business, and retired from the Defendant on July 31, 2010.
B. While the Plaintiff’s invention and the Defendant’s patent registration belong to the “C Team,” the Plaintiff joined the two patented inventions as follows in relation to the Defendant’s business, and succeeded to the Defendant by completing the two patented inventions as follows (hereinafter “instant patented inventions”). The Defendant filed a patent application and received registration.
(1) title of the invention 1 - The filing date and the application number: E/F - the filing date and the registration number: G/H - the inventor: Plaintiff (the filing date and the transfer of the right to the Defendant on February 19, 1993) - The name of the invention under paragraph (2) - the patentee: The name of the invention under paragraph (2) - the name of the Defendant: I - the filing date and the application number: J/K - the filing date and the registration number: L/M - the Plaintiff and N (the filing of the employee invention and the transfer of the right to the Defendant on October 13, 199
C. The Plaintiff and the Defendant, which written the agreement between the Plaintiff and the Defendant, have reached an agreement on the patented invention of this case on two occasions, and the main contents of this case are as follows.
(1) The Agreement of November 21, 2003 (hereinafter “the Agreement of 2003”) shall be referred to as “the Agreement of 2003,” and the Agreement shall be referred to as “the Agreement of 2003”).
1. A (Defendant) and B (Plaintiff and N) are entitled to a separate patent, including H and M, (hereinafter referred to as “subject to a separate patent”);
b. As an employee invention under the Patent Act (including Invention Promotion) which A worked for A, the patent right to the patent is confirmed to have been granted to A, since the patent right to the patent is legally transferred to B as an employee invention under the Patent Act (including Invention Promotion Act) that B worked for B. The patent right to the patent is confirmed to have been granted to A.