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(영문) 특허법원 2018.07.20 2017허5351
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on June 22, 2017 by the Intellectual Property Tribunal on the case No. 2016Da12204 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On July 25, 2016, the Plaintiff asserted that, “The claim 1 through 5 of the instant patent invention is identical to the prior invention 1 (Korea Patent Gazette 2012-0102184) submitted in the instant lawsuit, the Plaintiff included the Plaintiff’s product “G” and product use manual in the Prior Invention 1 (Korea Patent Gazette 2012-0102184). The comparable invention 2 is the same as the prior invention 2 submitted in the instant lawsuit, and the Korea Patent Gazette 209-125654 is the same as that of the prior invention 2, and thus, the nonobviousness is denied because a person with ordinary knowledge belonging to the instant invention (hereinafter “ordinary technician”) can easily make an invention, and the instant patent invention constitutes an invention that is identical to the cited invention 1, and is likely to harm public health,” and the Defendant described the instant patent invention in the trial procedure or deleted the patent invention in the part of the instant case’s patent claim 2017.

3) On June 22, 2017, the Korean Intellectual Property Tribunal rendered a trial ruling dismissing a request for a trial on invalidation of registration on the ground that “the request for correction of the patented invention of this case is lawful, and the corrected claim 1 through 5 of the patented invention of this case is not denied by the cited Invention 1 and 2, and does not constitute an invention that is likely to impair the original application or public health (hereinafter “instant trial ruling”).”

B. B. The name of the Defendant’s patented invention (No. 3) 1: C2; the filing date/registration date/patent registration number: The main invention in the technical field of D/ E/Fa is the best treatment method using heat.

(Identification Number (001). In addition, the existing e-mail therapy device with the problems of past technology is physical body.

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