1. Patent No. 1343106 among trial decisions rendered by the Intellectual Property Tribunal on May 10, 2016 regarding cases No. 2014Da717

1. Basic facts

A. On March 20, 2014, the Plaintiff filed for a trial for invalidation of registration against the Defendant on the ground that “A person with ordinary knowledge in the art to which the invention pertains (hereinafter referred to as “ordinary technician”) can easily make an invention in accordance with prior inventions 1, 2, and 3, the nonobviousness thereof is denied.” 2) The Defendant, while the trial for invalidation of registration is pending, shall correct the claim 1 of the instant patent invention to include both the claims 2, 5, 8, and 10 of the instant patent invention as of April 9, 2015, and the 12 of the instant patent invention is limited to “N” the statement “N,” and both claims 13, 16, 19, and 21 of the instant patent invention are corrected in the form of “N,” and both claims 13, 16, 19, and 15, 25, and 16, 2015.

(3) On May 10, 2016, the Korean Intellectual Property Trial and Appeal Board rendered a trial on the invalidation of the registration and the request for correction under Article 1(1) of the Patent Act (hereinafter referred to as “instant patent invention”). On May 10, 2016, the Korean Intellectual Property Trial and Appeal Board recognized the correction of the instant case on the ground that “the nonobviousness of the instant patent invention is denied by prior inventions 1, 2, and 3, 4, 12, 14, and 15 are lawful. The corrected invention under Articles 2 and 13 of the instant patent invention is not denied by prior inventions 1, 2, and 3. The nonobviousness of the corrected invention is denied by prior inventions 1, 2, and 3.” The Plaintiff sought revocation of the instant patent as to the corrected invention under Articles 2 and 13(1) of the instant patent application, and dismissed the remainder of the claim.