The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

The grounds of appeal are examined.

1. On November 13, 2012, the summary of the instant case and the key issue Defendant contracted to manufacture and supply “G” to the Intervenor joining the Defendant (hereinafter “instant First Contract”) and the C Co., Ltd. (hereinafter “C”) concluded on December 5, 2012 with the Defendant to develop and supply “H” among the foregoing power generation sets to the Defendant.

(hereinafter referred to as “instant 2 contract”). According to the instant 1 contract and the instant 2 contract, all intellectual property rights (including the right to register) arising from the instant contract are attributed to the Intervenor joining the Defendant via the Defendant.

The right to obtain a patent for the patented invention of this case, which occurred in the process of implementing the contract of this case 2, was originally reverted to the inventor (C’s employee) at the time of completion of the invention, and was finally succeeded to the Intervenor’s Intervenor pursuant to the contract of this case 1 and the contract of this case 2.

However, C filed an application for the instant patent invention and obtained F patent registration. On August 30, 2017, C transferred the patent to the Plaintiff.

The key issue is whether the patent of the instant patent invention is invalid as a patent registered as an application filed by an unentitled person, and whether the Plaintiff constitutes “third party” under Article 38(1) of the Patent Act.

2. A person who makes an invention of an unentitled person, “third party” under Article 38(1) of the Patent Act (ground of appeal Nos. 1 and 2) or his/her successor has the right to obtain a patent in accordance with the Patent Act.

(Article 33(1) main text of the Patent Act). If the establishment of a patent right is registered with respect to a patent application filed by a person who is not a legitimate right holder (hereinafter “unentitled person”), it constitutes grounds for invalidation of the patent.

(Article 133(1)2 of the Patent Act. The transferor who transferred the right to obtain a patent prior to the filing of a patent application under a contract is no longer the subject of ownership.