1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) Name (1) of the patented invention of this case: Date of application of D (2)/registration date/registration number: Claims: E/F/G (3):

1. (4) patentees: A, C, and B (5) inventors, Inc.; and C;

B. (1) The Plaintiff filed a petition against the Defendants for a trial to invalidate the Defendants’ share in the instant patent invention by asserting that “the Plaintiff succeeded to the right to obtain a patent from H, the genuine inventor of the instant patent invention, while the Defendants are not the inventor of the instant patent invention.”

(2) On November 10, 201, the Korean Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s request on the ground that “The invalidation trial of a patent can be claimed in cases falling under each subparagraph of Article 133(1) of the Patent Act, but the patent cannot be claimed in cases falling under each subparagraph of Article 133(1) of the Patent Act, and thus, the Plaintiff’s request for a trial is unlawful.”

[Reasons for Recognition] Evidence No. 1-2, Evidence No. 2, Evidence No. 2, Evidence No. 4, the purport of the whole pleadings

2. Whether the plaintiff's request for adjudication is legitimate

A. The summary of the plaintiff's assertion (1) The plaintiff is the only successor to the right to obtain a patent from H, the real inventor of the patented invention of this case, while the defendants are not the inventor of the patented invention of this case, and there is no right to the patent of this case, and therefore the defendants' right to share is invalid.

(2) Article 133(1)2 of the Patent Act provides that “Where a person does not have the right to obtain a patent under the main sentence of Article 33(1)” as grounds for invalidation of registration, the inventor or his successor has the right to obtain a patent under the provisions of the Patent Act, and Article 33(1) of the Patent Act provides that the inventor or his successor has the right to obtain a patent under the provisions of the Patent Act.