The judgment below is reversed, and the lawsuit of this case is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

Judgment ex officio is made.

A claim for a trial to confirm the scope of a patent right is intended to determine the scope of the existing patent right, so once the patent right legally created has ceased to have a benefit to seek confirmation of the scope of the patent right after the patent right has been extinguished.

(See Supreme Court Decision 2007Hu4168 Decided January 18, 2008, and Supreme Court Decision 2014Hu1891 Decided March 12, 2015, etc.) In light of the aforementioned legal principles and records, the instant patent invention (patent number G) ceased to exist on July 13, 2017, which was after the lower judgment was sentenced, and as a result, there was no legal interest to seek revocation of the instant trial decision, and thus, the instant lawsuit was unlawful.

Therefore, the judgment of the court below is reversed as it is impossible to maintain it. Since this case is sufficient for the court to directly judge, the judgment of the court below is revoked and the lawsuit of this case is dismissed. The total costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.