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(영문) 서울행정법원 2013.11.01 2013구합56430
특허등을받을수있는권리소멸처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. 1) D Co., Ltd. (hereinafter “D”).

A) On September 12, 2012, the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”) sent to the Defendant each application for patent and design registration for F (the application number B, the application number of design registration: C). 2) On October 17, 2012, the Korean Intellectual Property Office examiner sent each written notice stating the submission of the opinion that a patent cannot be granted pursuant to Article 29(2) of the Patent Act, on September 12, 2012, as a result of the examination of the above application for design registration, a part of the invention can be easily claimed by a person with ordinary knowledge in the art to which the invention pertains, prior to the filing of the application, because the invention could have been easily claimed by a person with ordinary knowledge in the art to which the invention pertains.

3) The examiner of the Korean Intellectual Property Office did not submit a written opinion or amendment by the deadline for submission of the written opinion (in the case of an application for a patent, December 17, 2012; and in the case of an application for design registration, November 12, 2012) designated by the written notice of submission of the above written opinion by the examiner of the Korean Intellectual Property Office, and rendered a decision of refusal as to the application for a patent on February 13, 2013, and on December 10, 2012, the examiner of the Korean Intellectual Property Office sent the written decision of refusal as to the application for design registration to D, but returned, and each written decision of refusal as to the application was sent to D by public notice as to the written decision of refusal as to the application for design registration was requested by public notice by each of the above written decision of refusal as to the application for design registration by publication on January 11, 2013.

B. Meanwhile, the Plaintiff’s entitlement to obtain a patent on D’s application for the aforementioned patent from the Incheon District Court Branch Branch of the Suwon District Court (Seoul District Court Branch of 201Da6160) based on the original order for payment of the purchase price for the goods, and the Plaintiff’s application for design registration.

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