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(영문) 특허법원 2018.02.02 2017허3249
등록무효(특)
Text

1. Claims for the invention described in Article 438757, among trial decisions rendered by the Intellectual Property Tribunal on April 11, 2017 regarding cases No. 2016Da2390.

Reasons

1. Basic facts

A. On August 8, 2016, the Plaintiff claimed a trial for invalidation of the registration against the Defendant on the Intellectual Property Tribunal on the ground that “the nonobviousness of the invention described in Claim 1-16, 20-25 of the Defendant’s patent invention described in (b) below (hereinafter “instant patent invention”) can be easily claimed by a person with ordinary knowledge belonging to the invention (hereinafter “ordinary engineer”) by prior invention 1-16, 20-2, and 3.” 2) The Intellectual Property Trial and Appeal Board reviewed the invention as 2016Da2390 on April 11, 2017, the Plaintiff rejected the said trial decision (hereinafter “instant trial decision”).

B. The title of the patented invention (A No. 3) 1: The Defendant filed an application for the patented invention of this case with a portable and wire network, and information management system and methods thereof using the wired and wireless Internet, and the Defendant asserted the domestic preferential right. The Defendant claimed the so-called multi-exclusive right claim designating multiple applications, which form the basis of the priority claim.

In the examination stage, the priority claim based on No. 10-200-17304 of the application number on April 4, 2000 among the basic applications for the above priority claim was not recognized. However, on June 2, 2000, the priority claim based on No. 10-2000-30494 of the application number on June 2, 200 was accepted and the priority date was recognized as June 2, 200.

/ The filing date/registration date/registration number: The content of the invention on April 4, 2001/ April 4, 2001/ the content of the invention on June 24, 2004/ the content of the invention on June 24, 2004/ the content of the invention on June 24, 2004/ the content of the invention on the information management system related to the order.

(A) No. 3-2). In order to send information to the other party by putting out the past technical problems, the name cards shall be printed and face-to-face or mail, etc. to the individual.

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