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(영문) 특허법원 2018.06.14 2017허5528
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on May 31, 2017 by the Intellectual Property Tribunal on a case No. 2016Da2942 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On September 23, 2016, the Plaintiff filed a petition for a trial for invalidation of registration with the Intellectual Property Tribunal No. 2016Da2942 on September 23, 2016 on the ground that the nonobviousness of the invention described in the Claim Nos. 1 through 8 of the instant patent invention is denied by using the cited inventions and the widely known art, and thus, the registration must be invalidated (hereinafter “instant petition for trial”).

(2) On December 15, 2016, the Defendant followed the above invalidation trial procedure.

As indicated in Paragraph 6, the correction request was made to correct the claim of the patented invention of this case (hereinafter “instant correction invention”). Claim 1 of the correction invention of this case is “instant correction invention”.

On May 31, 2017, the Intellectual Property Trial and Appeal Board rendered the instant trial ruling dismissing the Plaintiff’s appeal on the ground that the nonobviousness of the instant invention cannot be easily claimed by the comparable inventions, since the person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”) could not easily make an invention by the comparable inventions,” on May 31, 2017.

B. The name of the invention of this case (No. 3) 1: The filing date and the application number / the application number of the offshore structure: January 6, 2004 / the registration date and the registration number / the patent number: August 30, 2004 / the main problem of the Defendant’s technical field and the previous technology [technical field] the invention is related to the voltage installed in a marine structure to prevent self-living from being infected with a marine structure or from being corrosioned with a marine structure, and, if so, it is related to the system for identifying the divement of the offshore structure that has installed the identification device for the dives of the dives so as to maintain the quality of the dives as above, and the system for identifying the dives of the offshore structure with the identification device for the dives of the dives of the dives and the dives of the dives.

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