logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 특허법원 2018.09.13 2017허8206
등록무효(특)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 15, 2016, the Defendant filed a petition for invalidation trial against the Plaintiff on the instant patent invention by asserting that “The nonobviousness of the instant patent invention claims under paragraphs 1 through 9 of the Patent Tribunal (hereinafter referred to as “ordinary technician”) can easily be claimed from prior inventions by a person with ordinary knowledge in the technical field to which the invention pertains, and thus, the nonobviousness of the patent invention is denied.” In the invalidation trial proceeding, the Plaintiff deleted the claims under paragraphs 1, 5, and 6 of the instant patent invention from each of the claims under paragraphs 2, 7, 8, and 9 of the Patent Tribunal, and corrected claims under paragraphs 2, 7, 8, and 9.”

(2) On October 11, 2017, the Korean Intellectual Property Trial and Appeal Board rejected the part concerning claims 1, 3, 4, 7, 8, and 9 of the instant patent invention among the above requests for a trial on the ground that “the part concerning claims 1, 5, and 6 of the instant patent invention, which were deleted by the request for correction, is inappropriate, and the inventive step is denied by prior inventions 2, 3, 4, and 7, 8, and 9, which are corrected by the request for correction, and its registration is null and void because the inventive step is denied by prior inventions 2 and 3.” The part concerning claims 1, 5, and 6 of the instant patent invention in the above request for a trial was rejected, and the decision of trial was rendered to accept the part regarding claims 2, 3, 4, 7, 8, and 9 of the instant patent invention: D2)/registration date of the instant patent invention / registration date / 3)/ 1,000 square meters.

arrow