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(영문) 특허법원 2017.02.07 2016허6753
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on August 10, 2016 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On December 1, 2014, the Plaintiff’s trial decision of this case (1) against the Defendant who is a patentee. The Plaintiff is a finished invention of this case. Claim 1 through 16 (hereinafter “ Claim 1 of this case,” and the remainder of Claim 1 through 3 prior inventions 1 (Evidence 3 of this case) of the patent invention of this case are related to the prevention device against the actual flood reduction in light of Article 205-37986 of the Patent Gazette published on April 25, 2005, and the prior invention 2 (Evidence 4) of the prior invention is related to the prevention device against the flood reduction in the art of the registered invention of this case, registered on June 15, 2007, and is related to the device against the flood reduction in the art of the art of the patent invention of this case, and the prior invention 3 (No. 531051) of the Patent Gazette’s ordinary skill in the art of the patent invention of this case, which belongs to the Patent Gazette of this case’s No. 198.

(2) On August 10, 2016, the Intellectual Property Trial and Appeal Board (hereinafter “Patent Trial and Appeal Board”) filed a petition for a invalidation trial on the instant patent invention by asserting that its registration is void, and subsequently dismissed the Plaintiff’s petition on the ground that the instant patent invention is an invention having industrial applicability due to completed inventions, and that the nonobviousness is not denied by prior inventions 1 or 3.

B. The name of the Defendant’s patented invention (Evidence 1) invention of this case: C2) filing date/registration date/registration number: D/E/F3) main contents of the invention; the main contents of the previous technology issues and the technical task of this case (No. 10-2005-37986 of the Patent Gazette; evidence No. 3) must be connected to N in order to obtain the effect of preventing leakage and electric shock in previous technology (the Patent Gazette No. 10-2005-37986). It is complete to find and connect N without water.

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