Requirements for patent application for an invention

If an invention intends to be patented, it shall be a requirement of patent, which can be used in the industry, and (2) the invention must be new, so it must not be known or worked in the Republic of Korea or publicly prior to the filing of a patent application; and (3) the invention must not be described in a publication published inside and outside the Republic of Korea prior to the filing of a patent application; and (4) The invention must be non-obviousness, so it should not be easily made by a person with ordinary knowledge in the technical purpose, effect, and effect in the technical field to which the invention pertains, from an objective perspective

Articles 6 and 6-2 of the Patent Act

Al C. C. Patent Attorney Lee Byung-ho et al., Counsel for the defendant-appellant

The Commissioner of the Korean Intellectual Property Office

KIPO 1983 Notice No. 1983, Mar. 28, 1984

The case shall be remanded to the Korean Intellectual Property Office by destroying the original trial decision.

The grounds of appeal Nos. 1 and 2 are collected together.

According to the reasoning of the original decision, the court below held that the main intent of the original invention is to maintain the conclusion of the judgment on the premise that the reduction of the 20th cocoin (20) is a single photocoin device installed at a distance away from the 338th main body of the small part adjacent to the main body of the 1st century (338) and that the 2ndor of the 2ndor of the 2ndor of the 2ndor of the 2ndor of the 2ndor of the 2ndor of the 1storcoin (20thor of the 338th unit of the 338th unit of the 2ndor body of the 2ndor body of the 338th unit of the 2ndor body of the 2ndor body of the 2ndor body of the 338th body of the 2ndor body of the 2ndor body of the 3rdor body of the 3rdor body of the 3rdor body of the 18th body of the invention.

Invention refers to the highly advanced creation of technical ideas utilizing the law of nature (Article 5 of the Patent Act). The Patent Act was enacted to promote the advancement and development of technology and contribute to the development of the national industry by encouraging, protecting and fostering such inventions (Article 1 of the Patent Act). In light of the nature of the invention and the purpose of the Patent Act, an invention is to be patented as a requirement of patent, first, industrial application can be used, second, the invention must not be publicly known or publicly worked in the Republic of Korea or publicly prior to the patent application, and should not be published in a publication distributed domestically or abroad before the patent application. Third, the invention must be non-obviousness; therefore, the invention must not be easily made by a person with ordinary knowledge by objectively viewing it in the technical purpose, effect, etc. in the technology to which the invention belongs, and finally, the patent decision or rejection ruling should be made by investigating and examining the above points in relation to a patent application examination and a request for a trial, and it should be determined by legal principles.

Therefore, without undergoing any examination as to this point as described in the former part, the court below held that the original invention can be easily claimed by the quoted reference without any material supporting the structure solely on the premise that the structure is extremely similar by the abstract of the original invention and the appearance of the quoted reference, and that the effect of the original invention cannot be recognized to significantly enhance the function of the original invention compared with the certificate of quoted reference based on such composition, shall be determined by misapprehending the legal principles of the Patent Act and failing to exhaust all necessary deliberations, and without any evidence, it cannot be said that the original decision cannot be maintained, and therefore there is a reason for appeal.

Therefore, the case shall be remanded to the Korean Intellectual Property Office, and the case shall be remanded to the Appeal Trial Office. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Chang-chul (Presiding Justice)