등록무효(특)
1. The Intellectual Property Tribunal shall revoke a trial decision in connection with a case No. 1208 of Jan. 11, 2018;
2. The costs of the lawsuit are assessed against the defendant.
1. Presumed factual basis
A. On May 10, 2016, the Defendant filed a petition for a trial to invalidate the registration of the instant patent invention on the grounds that the nonobviousness of the instant patent invention is denied by prior inventions (No. 1208) and that the registration should be invalidated (No. 2, June 10, 2016), the Plaintiff filed a petition for a trial to invalidate the registration of the instant patent invention on the grounds that the nonobviousness of the instant patent invention is invalidated by prior inventions (No. 2016Da1208).
B. (4) A correction request with the content of correction as described in paragraph (4) (hereinafter “request for correction of this case”). After the correction request, the invention described in the claims after the correction request is “the corrected invention of this case.”
(3) On January 11, 2018, the Korean Intellectual Property Trial and Appeal Board recognized the correction of the instant case on the ground that “the instant correction is lawful. The nonobviousness of the instant correction invention is denied by prior inventions.” In a case where a co-owner of the instant patent right cited by the Defendant’s request for a trial has lost in a trial as to the validity of the patent right, the litigation for cancellation of the trial decision, which is to be filed, cannot be deemed as the so-called so-called essential co-litigation to be jointly instituted by all the co-owners, and even one of the co-owners, if a trial ruling invalidating the relevant patent registration or restricting or obstructing the exercise of rights, can solely seek the revocation of the trial decision to prevent the extinguishment of the relevant right
Therefore, the plaintiff is a co-owner of the patent right to the patented invention of this case (see Supreme Court Decision 2002Hu567, Dec. 9, 2004) and the plaintiff has lost in the invalidation trial of the registration of the patent right to the patented invention of this case. Thus, in order to avoid the confirmation of the trial decision of this case which interferes with the exercise of patent right to the patented invention of this case, the plaintiff can file a lawsuit to revoke the trial decision of this case.
AB made it.
B. Patent invention of this case (No. 3)