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(영문) 서울행정법원 2019.06.27 2019구합51543
특허권 회복등록신청 거부처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Circumstances and details of the disposition;

A. The Plaintiff is a company that manufactures and sells equipment related to OLD in the Nam-gu Incheon Metropolitan City.

B. Upon the Plaintiff’s application, a patent (registration number D; hereinafter “instant patent”) on the Mak inspection device (registration number D; hereinafter “instant patent”) registered as a joint right holder of the Plaintiff and E (the representative director of the Plaintiff).

C. On April 15, 2013, E filed an application with the Defendant for cancellation of only the E’s share in the total 13 patent rights, including the instant patent rights.

The reason for the cancellation was "the renunciation of shares".

The defendant, upon the above application, cancelled only E's share in the 12 patent rights out of the above 13 patent rights on the same day. However, as to the patent right in this case, the defendant's mistake, as well as the plaintiff's share, was cancelled.

After that, the Plaintiff paid the four-year patent fees for the said twelve patent rights, but did not pay the four-year patent fees for the instant patent rights.

On December 9, 2014, the Defendant registered the extinguishment of the patent right of this case ex officio on the ground of “payment of registration fees”.

E. On May 18, 2018, the Plaintiff filed a civil petition with the Office for Government Policy Coordination seeking registration of cancellation, recovery, and cancellation of patent shares in the instant case in the Regulatory Newspapers managed and operated by the Office for Government Policy Coordination.

On the same day, the above civil petition application form was designated by the department for civil petition treatment as the “department for the registration of the information customer support office of the Korean Intellectual Property Office,” and the officer in charge responded to the Plaintiff on the same day, that the above cancellation registration is impossible for the following reasons.

(hereinafter “instant disposition”). The instant patent continues to remain effective until January 28, 2014, regardless of the cancellation of registration on the patent register, by January 28, 2014, the end of the fourth ordinary payment period.

However, the late payment period, late payment period, and late payment period of the fourth-year patent fee relating to the patent right of this case.

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