(영문) 서울행정법원 2014.07.10 2014구합3730

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(영문) 서울행정법원 2014.07.10 2014구합3730

특허권소멸결정불복

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a patentee under Article 0278403 of the Patent Act (title of invention: double control method; hereinafter “instant patent”).

After filing the application number No. 1998-001910 on May 26, 1998, the patent of this case was registered on October 19, 200, and the plaintiff was changed to the patentee on July 1, 2005.

B. The portion of the instant patent in 2013 (from October 20, 2012 to October 19, 2013), the annual payment deadline of KRW 470,000,00, up to October 19, 2012; the additional payment deadline up to April 19, 2013. The Defendant, who did not pay the Plaintiff by the said deadline, notified the Plaintiff that the Plaintiff had already ceased to exist as of October 20, 2012 due to the Plaintiff’s failure to pay the Plaintiff’s patent fees. However, within the period of application for recovery pursuant to Article 81-3(3) of the Patent Act (from October 19, 2013), the Defendant provided the Plaintiff with a statement of payment, ② the period of late payment (from October 20, 2013 to April 19, 2013 to the expiration date of the right to recover the original right, ③ the certificate of recovery application (hereinafter “the right to recover”).

C. On July 19, 2013, the Plaintiff paid KRW 1,410,000 to the Defendant, and applied for the recovery of the instant patent right by submitting an annual statement of payment of patent or registration fee (hereinafter “instant statement of payment”). On the same day, the Plaintiff filed an application for the integrated management of indication, a titleholder of registration (hereinafter “instant application for integrated management”) and filed an application for the integrated management of indication, a titleholder of registration, on the same day.

The Plaintiff did not attach a certificate of execution to the instant statement of payment on the ground that there is no certificate of execution.

On July 23, 2013, the defendant submitted to the plaintiff on July 23, 2013, "the patent of this case is already extinguished by the non-payment of the registration fee, and to recover it, a written vindication attached thereto, and the payment of this case submitted by the plaintiff.

참조조문

-특허법 제81조의3 제3항

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