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(영문) 특허법원 2017.09.22 2017허3478
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on March 17, 2017 by the Intellectual Property Tribunal on the case No. 2016Da1276 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. 1) On June 22, 2010, the Korean Intellectual Property Tribunal (2010Da1595, Jun. 22, 2010) filed a petition for a trial for invalidation of registration with respect to B, an inventor and patentee of the instant patent invention, “The claim 1 or 14 of the instant patent invention, is not clearly and concisely stated, and there is no reason for lack of entry, and the prior invention 1 submitted by a person having ordinary knowledge in the relevant technical field (hereinafter “ordinary technician”) in the trial for invalidation of registration of the first prior invention is No. 57474 of the Korean Registered Patent Gazette, and the prior invention 2 of the Korean Intellectual Property Gazette, which could easily be claimed from the prior invention, and its nonobviousness is denied.”

B) On June 27, 2012, the Intellectual Property Trial and Appeal Board rendered a ruling dismissing a petition for invalidation of the registration of a non-party company on the ground that “the claim 1 through 14 of the instant patent invention clearly and concisely states it is not a ground for lack of specification, and the ordinary technician cannot easily make an invention by prior inventions 1 and 2, and its nonobviousness is not denied.” This ruling became final and conclusive on August 25, 2012 (hereinafter referred to as “previous final and conclusive ruling”).

(2) 2) On March 11, 2015, the Intellectual Property Trial and Appeal Board No. 2015No28 (hereinafter “Patent Trial and Appeal Board”) held that the patent invention of this case was the inventor and patentee of the instant patent invention.

4) A petition filed for a correction trial, such as described in sub-paragraph (b).

On July 10, 2015, the Korean Intellectual Property Trial and Appeal Board rendered a trial ruling accepting the claim on the ground that it satisfies the corrective requirements, which became final and conclusive around that time.

3) On January 29, 2016, the Plaintiff filed a petition for nullification of the registration and the instant trial decision) against B as the Intellectual Property Tribunal No. 2016Da276 on January 29, 2016.

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