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(영문) 수원지방법원 안산지원 2014.08.07 2013고단2818
특허법위반
Text

Defendants shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall obtain a patent by any deceitful or other unlawful way.

On July 7, 2010, the Defendants received a decision to refuse a patent for “F” invention (application number G) filed with the Korean Intellectual Property Office by Defendant A, on the ground that “The foregoing invention (application number G) is identical to the invention described in the specification or drawings initially attached to the F invention (application number J, registration number K) before filing an application for a patent with the Korean Intellectual Property Office H on April 22, 2011.”

As above, when Defendant A’s invention fails to meet the patent requirements and thus is not patentable, the Defendants conspired to obtain Defendant A’s patent right in a disguised manner as if the invention (application number J and registration number K) is identical to the inventor of the invention (application number J and registration number K) filed by the previous I, after receiving a proposal for the method of adding I to the joint inventor by M of the L Patent Law Office M in charge of the above application for patent, and without I’s permission.

Accordingly, Defendant B, at around that time, called “I to add I to an inventor” by telephone from a patent attorney N in Sin in Sin-si, and, around June 20, 201, submitted the inventor at the time of the patent application to “A and I, but omitted the inventor “I”. Accordingly, Defendant B submitted an amendment to add the inventor to “I” to the Korean Intellectual Property Office by proving that “I and I” was “I, at the time of filing the patent application,” and submitted an amendment to add the inventor.”

However, the Defendants did not agree to add I to A's invention as a joint inventor.

As such, the Defendants’ invention is Defendant A.

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