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(영문) 특허법원 2018.09.11 2018허1899
등록무효(특)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 19, 2016, the Defendant filed a petition for a registration invalidation trial against the Plaintiff under the Intellectual Property Tribunal No. 2016Da3263, Oct. 19, 2016, to the effect that the Plaintiff’s patent invention as indicated in the foregoing paragraph is new or non-obviousness. 2) The Plaintiff filed a petition for a registration invalidation trial against the Plaintiff on August 16, 2017.

B. As indicated in the claims 6, paragraphs 7 and 8 of the same Article are deleted, and the correction request for correction is corrected under paragraph 5 (hereinafter “instant correction request”).

(3) On January 15, 2018, the Korean Intellectual Property Tribunal rendered a non-recognition of the Plaintiff’s request for correction on the ground that the instant request for correction does not fall under any of the subparagraphs of Article 136(1) of the Patent Act, and constitutes a substantial change in the scope of claims, and the claim 5 through 7 prior to the correction of the instant patent invention is identical to prior inventions 1 through 4 of the instant case.

Based on each of the above decisions, the defendant's claim for the above invalidation trial was accepted on the grounds that newness and non-obviousness are denied.

B. The name of the invention of this case (No. 2) 1: The method of using the language system and the application number / the system 2: the date of registration on January 11, 2007 / the registration number on January 11, 2007 / (No. 10-2007-3273) : the summary of the invention on June 2, 2008 / the patent No. 8362494) invention in the art is related to the mobile communication system, and in particular, it is difficult to transmit the necessary information in the process of receiving the web page by using the mobile base (No. 8362494).

(Identification Number 20). The task of this invention to be addressed is to web through mobile briders by seeking mobile briders and message transmission display applications.

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