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(영문) 특허법원 2019.11.29 2017허1724
등록무효(특)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. On February 17, 2015, the Defendant: (a) filed a claim against the Plaintiff, the patentee of the instant patent invention, as indicated in the Intellectual Property Tribunal (hereinafter referred to as “instant patent invention”); (b) on the ground that “The instant patent invention constitutes an unregistered invention; and (c) the detailed description of the invention (hereinafter referred to as “the description of the instant invention”) does not clearly and clearly state the description to the extent that a person with ordinary knowledge in the technical field to which the invention pertains is able to easily implement the instant patent invention; (d) the claim 6 through 14 prior to the correction of the instant patent invention violates the specification requirements; and (e) the claim 6 through 14 prior to the correction of the instant patent invention is the same as the prior invention submitted in the instant patent suit; and (e) the nonobviousness is denied because a person with ordinary skill is able to make an invention easily from the cited invention; and (e) the Plaintiff filed a claim for correction of the patent invalidation trial (Article 2015Da5477, May 22, 2015).

3) On January 18, 2017, the Korean Intellectual Property Tribunal recognized the correction of the instant patent invention on the ground that “the correction of the instant patent invention is lawful. However, the explanation of the instant patent invention cannot be deemed to be clearly and in detail written to the extent that ordinary technicians could easily practice the instant patent invention.” However, the Plaintiff filed a trial ruling accepting the instant patent application by the Defendant on March 9, 2017. (4) On June 7, 2018, when the Plaintiff filed a lawsuit seeking revocation of the trial ruling on the instant patent application, and continued in this court, on June 7, 2018, the Korean Intellectual Property Tribunal stated the claim 1 through 5, and 8 of the instant patent invention in the column of “the corrected specification of claims” in attached Form 2(1) as stated in attached Table 2(1).

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