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(영문) 특허법원 2020.01.17 2019허1650
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on December 27, 2018 (Revocation Judgment) on a case No. 2018 (Revocation Judgment) No. 119 shall be revoked;

2...

Reasons

1. Basic facts

A. On October 20, 2015, the Plaintiff: (a) the revoked trial ruling of invalidation of a patent and the progress of the litigation of revocation of the trial ruling; and (b) the Patent Tribunal No. 20157, Oct. 20, 2015.

The instant patent invention is not supported by the detailed description of the invention, and “the instant patent invention 1 is not described in the detailed description of the invention in the specification of the instant patent invention (hereinafter “the description of the instant patent invention”), since the composition or operating effect of “the front body of the instant patent invention” among the elements of the patent invention is not stated in the detailed description of the instant patent invention. Thus, both the claim 1 of the instant patent invention and its dependent claims are registered in violation of Article 42(4)1 of the Patent Act.

The claim 1 through 6 of this case is the prior invention 2 of this case. The prior invention 2 of this case is the prior invention 1 through 4 of this case, and the prior invention 2 of this case is the invention of the name of "small wave rink and so on" published in Japan Patent Gazette No. 2002-275855 on September 25, 2002, and the prior invention 3 of this case is about the invention of the name of "small wave rink and so on" published in Japan Patent Gazette No. 11-104677 on April 20, 199, the prior invention 4 of the previous prior invention is about the invention of this case, which is the "water purification facility around the body" published in Japan Patent Gazette No. 11-10467 on October 11, 2003, the prior invention 1 or 4 of this case's patent invention should be invalidated by the prior invention's patent registration No. 10-040154 on September 14, 200.

hereinafter referred to as “instant request for a trial,” subject to this, the following 1

(a) as described in paragraph (1)(c);

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