1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Case history

A. The Plaintiff paid three-year patent fees from December 9, 2010 to December 9, 2013 to obtain registration of the establishment of a patent right for the instant invention “C” (hereinafter “instant invention”). The Defendant completed the registration of the establishment of a patent right for the instant invention on December 9, 2010 (hereinafter “instant patent right”).

B. The Plaintiff did not pay patent fees by December 9, 2013 and June 9, 2014, which are the due date for the ordinary payment of the fourth year patent fees. The Defendant completed the extinguishment registration of the instant patent right on November 9, 2014 as follows.

Date of cause for registration: The fact that there is no dispute over the unpaid registration fee (based on recognition), Gap evidence Nos. 1, 2, Eul evidence No. 2, the purport of the whole pleadings.

2. Determination on this safety defense

(a) The entry in the relevant statutes are as shown in the attached statutes;

B. Article 81(3) of the former Patent Act provides that if a patent fee is not paid within the period of late payment, the patent right of the patentee shall be deemed to have been extinguished retroactively to the day following the expiration of the corresponding period of the patent fee already paid (B in this case).

In addition, the Patent Act only lists the cases where the registration of a patent is the effective requirements for the occurrence or change of a patent right and the cases where the requirements for setting up against a third party (Article 101(1) and Article 118(3) of the Patent Act), and stipulates that the registration shall take effect only when the patent is extinguished by abandonment of the grounds for extinguishment of a patent

(Article 101(1)1 of the Patent Act. Thus, even if the extinguishment of a patent was registered on the ground of the failure to pay patent fees in the patent register, this is merely a factual confirmation act confirming the extinguishment of a patent right, and it does not take effect only by the extinguishment registration. Thus, the above extinguishment registration of a patent is an act that directly affects the rights and obligations of the people.