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(영문) 특허법원 2020.02.14 2018나1725
직무발명보상금
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) Status of the parties 1) Plaintiff A (hereinafter “A”) prior to the taking-off of lawsuit

A) From February 2008, the Defendant worked as the Deputy Commissioner of the Production Department, and until August 30, 2016, the Plaintiff, a spouse, inherited the Plaintiff’s property solely and took over the lawsuit, following the death of July 14, 2019, while serving as the head of the production department and the head of the development department, etc.

B. On the date of the filing date of each of the instant inventions, the inventor’s patent right holder 1 CD ED EF AF G G 2 HHJ 2 HH G G G G G 3 MOP G G G 1) the Defendant applied for and registered as a joint inventor as indicated below (hereinafter the Defendant’s patent right holder’s patent right holder’s patent right holder’s patent right holder’s patent right holder’s patent right holder’s patent right application for the invention in the same manner as “instant invention” according to the sequence in which the invention is described, and all of them “each of the instant inventions.”

2) In the first instance court, the Plaintiff filed an application with Q Q (Defendant representative director) as a joint inventor, and asserted that the claim for compensation for patent invention compensation based on R-registered patent number S (T) was also a ground for claim. However, in the first instance court, the Plaintiff did not waive the claim based on this, and did not claim it as a ground for claim (the lower part of the Plaintiff’s ground of appeal No. 3). 2) The claims and drawings of each of the instant inventions are as shown in the

3) Meanwhile, patent rights for each of the instant inventions were extinguished as indicated below. The Defendant’s implementation of each of the instant inventions on November 7, 2017, the date of the registration of the extinguishment of the cause of extinguishment of the division by sequence 1, the date of November 6, 2016, the date of the extinguishment of the cause of extinguishment of the division by sequence 1, the registration fee for the first invention of this case, which was unpaid on August 2, 2017, October 26, 2016, the registration fee for the second invention of this case was unpaid on August 3, 2017.

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