In a case where Company A filed a patent invalidation trial against Company B on the patent right holder of a patented invention related to inclusion inserted in the name of “medical and physiological absorption,” on the ground that the composition of the patented invention is identical with the “items”, “new item” product, and the inventive step is denied by the prior invention, the case holding that the patented invention cannot be denied, and that the ordinary technician cannot easily derive the invention from the prior invention or by combining the prior inventions, and thus, the inventive step is not denied.

In a case where Company A filed for a patent invalidation trial against Company B on the grounds that the patent invention is identical with “Tex”, “New Art”, and “New Art” sold in the Republic of Korea prior to the filing date of the patent application, and that the nonobviousness of the invention is denied by prior inventions, the case holding that the patent invention cannot be denied as a prior invention on the ground that the “New Art” product sold prior to the filing date of the patent application cannot be deemed to have all the elements of the invention, and there is a difference between the two parts in terms of comparison with the prior invention 1, and that there is a difference in a specific solution method to prevent the fibers forming absorption in the process of absorption and discharge from leaving the body, and that the technical task of the invention cannot be recognized through the composition of the prior invention 4, and that the prior invention is combined with each other with respect to the plant for cremation and cremation, and thus, the prior invention and the prior invention cannot be easily derived from the prior invention in light of the fact that the prior invention cannot be easily derived from the prior invention or the prior invention in the art.

Article 29(2) of the Patent Act

Busan District Court Decision 200Na11448 delivered on August 2, 200

New Generation Co., Ltd. (Law Firm KEL, Attorney Lee Jae-hwan, Counsel for the plaintiff-appellant)

January 9, 2018

1. The decision made by the Intellectual Property Tribunal on April 24, 2017 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Basic facts

A. Patent invention of this case (A evidence No. 3)

(a) Name: Medical and biological absorption;

(2) Date of application/registration date/registration number: July 6, 2009/ January 27, 2010/ (registration number omitted)

3) A patentee: The plaintiff

4) Claims

[Request 1] The above elements of absorption are installed in medical and biological absorption in which the flat absorption is made of the primary absorption (hereinafter referred to as “part 1”), and such absorption shall be located in the upper part of the liquid absorption; however, the above liquid absorption shall have a large width above the absorption layer; the above absorption layer shall be situated at the center of the above liquid absorption and the above absorption layer shall be opened so that the above absorption layer and the upper end of the floor may not be separated from the above absorption layer (hereinafter referred to as “Subject element 2”); the foregoing removal method shall have the characteristics of the absorption and absorption of the body in the horizontal direction as set forth above (hereinafter referred to as “the above removal method”) so as to ensure that it can reduce the absorption layer (hereinafter referred to as “Subject element 3); the removal method shall have the characteristics of the absorption and absorption of the body in the form of the absorption and absorption of the body body in the horizontal direction as set at the above stalth (hereinafter referred to as “the above absorption element”).

[Request 2, 4, or 7] ( Deletion)

[Request 3, 8, 9, 10] (Entry omitted)

(v)main contents and drawings;

There were problems such as the removal string of absorption, the removal string in the mouth, the removal string in the air, the removal string in the air, the removal string in the air, the removal string in the air, or the removal of some strings of the multiple-story operation to be used in the operation remains in the operation division / [4]- / [9]]. To solve these problems, in order to solve these problems, in the form of a string in the direction of the removal method such as the string in the horizontal absorption (1) and the horizontal absorption (1a), the removal method / [1] the removal of the removal method / [1] the removal of the remaining 10 / [1] the removal of the string / [2] the removal method of the string-type absorption (12) so that the removal method can be easily separated from the other / [17th / 18th / 18th / 18th / 17th th th th th th th th th th th th malth malid.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

(b) A preceding invention;

1) Prior Invention 1 (Evidence No. 4, No. 1)

A) On October 9, 2008, the term “ female sanitary absorption tampons” published in No. 10-2008-9117 of the Patent Gazette of the Republic of Korea, published on October 9, 2008.

B) Major contents and drawings;

It is intended to assist in preventing the leakage of body more easily and provide twitphone products to provide the usefulness of absorption in the way of use (4). For this purpose, a complex (12) used in an tampphone (10) shall have the second floor (110) adjacent to the first floor (10) and the first floor (100), and the second floor (100) shall have the second floor (6-8) manufactured from the second absorption material with physical properties (6-6). A complex shall have the total number of 10 square meters (10-6) composed of a tamper with the upper part (10-6) and a tamper with the outer part (10-6) of a tamper with the upper part (10-6) of a tamper with the upper part (10-6). It shall be possible to completely remove the upper part of a tamper with the upper part).

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

2) Prior Invention 2 (No. 2)

On April 17, 2001, the Japanese Patent Gazette, published on April 17, 2001, published in Japan's Patent Gazette (2001-104041), is related to "cirr firls and their manufacturing methods."

3) Prior Invention 3 (No. 3)

The term "the plant of species" published in the Patent Gazette No. 10-842874 of the Republic of Korea published on July 3, 2008 is the plant of species.

4) Prior Invention 4 (No. 8-1)

A) The term “TAPEN” published on December 9, 1986 in the Patent Gazette No. 4,627,849 of the United States publicly announced on December 9, 1986.

B) Main contents

In the early stage, there may be a problem of bypassing physiological transfusions early due to the tampon’s bat (20) disorder caused by the tampon’s tampon’s bat (20)’s tampon’s tampon’s tampon’s reprocessing process, thereby effectively absorbing physiological transfusions and reducing the risk of early leakage (as referred to in subparagraphs 1 and 2 of this Article, a summary of the invention).

The Do2 to 4 cities the production of desirable twitphones. The Switzerland (I) is located above the outer floor of the twitphone (21) of the non-treatment twit (20) and carries out a pre-treatment process that forms the sub-scopic type (50 to 637 m.). The twit (20 to 24 m.) processed through the twit (20 to 20 m.) (II) processed by the twit (20 m.). The twit(36 m. 36 m. 36 m. m. of the twit (26 m.) added the twit (3) into the upper floor, and then the twit (26 m. 28) was fixed by the twit (34 m.) m. to the direction of the assembly body close from the Switzerland (IV), and the twit (5 to 36 m. m. m. 3636 m. m. m.

The edges of the inserted stories are located at the cutting plane of the assembly but the water portion is contacted with the completed tampons, and the tamper's tamp has been greatly expanded to the tampered tamp as urbanized in the Do 6a, and the tamper's tamper is covered by the spathic material (local forum 720-58).

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

C. The procedural background

1) On December 18, 2015, the Defendant filed for a trial for invalidation of registration (No. 2015Da56366) against the Plaintiff on the ground that “The instant patented invention is identical to the composition of “the instant patented invention” or “new item” product sold in Korea prior to the filing of the application, and the nonobviousness by prior inventions 1 through 3, etc. is denied.”

2) On April 24, 2017, the Korean Intellectual Property Tribunal rendered the instant trial ruling that cited the Defendant’s request for a trial on the ground that “The evidence submitted by the Defendant alone cannot be deemed as having the same composition as the instant patent invention, but the instant patent invention was rendered by a person with ordinary knowledge in the technical field (hereinafter referred to as “ordinary technician”) can easily make inventions from prior inventions 1, and its inventive step is denied.”

[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and Eul evidence 8-1, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Grounds for revoking the trial decision of the plaintiff's assertion

The instant Claim No. 1 invention is a prior invention that has a structure that shows a liquid administration floor at the crossing even after the formation of an original absorption, and thereby has a significant effect of reducing the fall of the instant Claim No. 1. This case’s Claim No. 1 as an ordinary technician cannot easily derive from the Prior invention No. 1. This case’s Claim No. 4, due to the difference in such composition and effect. Moreover, the Prior Invention 4 merely starts with the composition of reducing the absorption of the absorption into a different absorption body with a different absorption body, and there is no technical implications for reducing the fall of the instant Claim No. 1 and the remainder of the instant Claim No. 1, which cited the instant Claim No. 4 as an indirect invention of this case.

B. Defendant’s assertion

1) Around August 2008, the patented invention of this case, prior to its filing, sold the product “new item wrus wrus” applied to the patented invention of this case during the market and lost its originality.

2) Prior invention 1 includes a composition of a completely melting the absorption. However, there is only difference between the two parts of a sprinking structure after the sprinking of the instant patented invention, different from the instant patented invention, which is enclosed before the sprinking of the sprink. This difference in composition is merely the extent that it can be easily changed by referring to the composition that ordinary technicians can easily see the sprinking of the sprinking of the splate or the external floor of the prior invention 4 in the sprinking of the sprinking body. Accordingly, the nonobviousness of the instant patented invention is denied by either the prior invention 1 or the combination between the sprinking of

3. Whether newness of the patented invention of this case is denied

The Defendant submitted the evidence No. 6 and No. 7 as evidence that the patented invention of this case was publicly announced or performed before the application.

According to the statements in Eul evidence Nos. 6 and 7, with respect to the "new item" product supplied by the plaintiff and sold by the same drug, it may be acknowledged that the defendant advertised the "new item" product on the Dong medication's website, "in around August 2008, it is difficult to grasp the contents of the product specifically composed of the above product," "in a way more than once by the absorption body, there is no possibility that the absorption body might remain in the body," "it is hard to say that the removal room itself is solid in the absorption body itself," and "it is not likely that there is no concern about actual degradation," "in a clean net 100% of the body, there is no possibility that foreign substance might remain in the body, and it is necessary to use it." However, considering the fact that the content of the website can be changed at any time, the above description alone is not sufficient to grasp the specific contents of the product, and the circumstances that the defendant submitted the product name of the patented invention before the date of the application of this case cannot be recognized as having any other evidence."

4. Whether the nonobviousness of the instant patent invention is denied

A. Whether the nonobviousness of the instant Claim 1 invention is denied

1) Preparation for composition of Claim 1 invention and Prior Invention 1

Inasmuch as there is no dispute between the parties that the remainder of the elements, other than the elements of the instant Claim 1 invention 2, appear in the Prior Invention 1, or that an ordinary technician can easily derive from them, only the elements 2 shall be examined.

A person shall be appointed.

The instant Claim 1 invention and Prior Invention 1 are located in the upper part of the absorption floor (a combination) in a liquid-type absorption (a liquid-type absorption combination and a liquid-type absorption combination), but the width of the absorption layer (a liquid-type absorption) is the same in that the absorption layer (a liquid-type absorption combination) is considerably formed than the absorption layer (combined absorption) so that the absorption layer (combined absorption) does not deviate.

However, the Claim 1 invention of this case is located in the center of the liquid department, and is opened so that the upper part and the lower part of the liquid department can reduce the absorption layer, but the prior invention 1 of this case differs from each other in that the liquid administration and the stringer are located in the group of the absorption.

2) Examining differences

A) Criteria for determination

An invention claimed as a patent is an invention as a whole combining each element of the invention as an object of inventive step determination, and each element is not an independent subject of inventive step determination. Thus, the inventive step determination shall not be made on the basis of whether an individual element of the invention is publicly known or publicly known technology can easily be derived from an ordinary skilled person. The complexity of the composition as a whole, which is an organic combination based on the unique task resolution principle, should be considered. In such a case, the unique effect of the invention as a whole should be considered together with the special effect of the invention as an invention (see, e.g., Supreme Court Decision 2013Hu2620, Jul. 23, 2015). Furthermore, despite the fact that a claim described in the claims as an invention as a whole is about a new technology composition that is not included in the scope of right of an individual prior invention, if an ordinary skilled person can easily separate from a combination or combination of elements of the prior invention, and thus, an invention as a combination or combination of such elements can easily be inferred by the combination or combination.

B) Specific review

In light of the following circumstances recognized by a person with ordinary skill by integrating the purport of the entire pleadings in the statements Nos. 3 and 1 through 3 of the evidence Nos. 1 and 3, it is difficult for him/her to easily overcome the above difference by combining the prior invention 1 or the prior invention 1 with the prior invention 4.

① In the case of tampululs inserted in a female-type physiological tamper, it should be ensured that the fibers, which form absorption layer, are removed from the body in the process of such absorption and emissions. To this end, paragraph 1 invention of this case and prior inventions 1 of this case prevent the absorption layers directly contact with a female’s inner wall or exposure to the body, by putting the absorption layer (e.g., liquid administration) entirely surrounded by the absorption layer (combined absorption), from being exposed to the body. However, with regard to the specific solution method, paragraph 1 invention of this case, first of all, strings and bottoms of liquid administration and the upper end and bottoms of the floor, and then, strings the body body in the direction of length, while 1 invention of this case puts the body body into a combined body with the outer body of the body of the combined body of the combined body of the combined body of the combined body of the combined body of the combined body of the combined body of the combined body of the combined body of the combined body of the body of the body of the combined.

② Due to such differences in the specific solution methods, Claim 1 invention of this case is located in the inner part of the body body of the main body by putting the absorption part of the absorption floor into the inner part of the main body, and is more stable than Prior Invention 1, which is sealed in the body body body body by inserting it into the body body body body, and thereby preventing exposure to the absorption floor and the sloping of the absorption floor caused by the absorption. Considering the fact that the absorption of a biochemical blood can become somewhat sponsed by sponsing the body body, and that the spons is located in the body body of the main body, this difference in effect is more important.

③ The Defendant asserts that a person with ordinary skill can easily overcome the difference by combining the compositions with which the friendly external floor of the preceding invention 4 is the friendly external floor of the absorbing chain entirely.

Prior Invention 4 provides a string of absorption chain on the friendly external floor and the two are treated before the string to form a sacriff type, and the external floor and the string of the string to reduce the string of the absorption chain. The 4th external floor of the Prior Invention 4 corresponds to the liquid string of the instant Claim 1 (Prior Invention 1), and the 4th distribution of the Prior Invention 4 and the string are responding to the absorption (combined absorption) of the instant Claim 1 (Prior Invention 1).

However, prior inventions 4 is intended to effectively absorb physiological drugs by pre-treatment 1 to prevent early leakage of physiological cells with tampon’s tampon’s tampon’s tampon’s tampon’s tampon’s tampon’s tampon’s 4th, and to reduce early leakage risk. Under these technical tasks, prior inventions 4 adopted a tampon’s tampon’s tampon’s tampon’s tampon’s tampon’s tampon’s tamper’s tampon’s tampon’s tampon’s tampon’s tamper’s tampon’s tampon’s tampon’s tampon’s tampon’s 4th, which would not be desirable for the tampon’s tampon’s tampon’s tampon’s tampon’s 1ston.

(4) In addition, the defendant asserts that since the absorbing body is widely known and used to cover up the body of prisoners of war with a large width, a person with ordinary skill can easily apply it to prior inventions 1.

However, among the prior art presented by the Defendant as the basis for its assertion, the prior art Nos. 2 and 3 are different from each other from the prior art No. 1 invention of this case and the prior art No. 9 (U.S. Patent Gazette No. 4,266,546 of May 12, 1981), and No. 10-1 (U.S. Patent Gazette No. 4,212,301 publicly notified on July 15, 1980) of No. 10, the prior art No. 1 of this case, namely, the special professional engineer of the instant Claim No. 1, i.e., the upper part and the bottom of the body of the body of liquid and the body of the floor of cremation, so long as the 10th body of the 1st body of the 1st body of the 2nd body of the 1st body of the 1st body of the 1st body of the 1st body of the 1st body of the 3th body of the 1st body of the absorption.

⑤ Meanwhile, the Defendant asserts that the instant Claim No. 1 invention is a prior invention 1, which has been set aside from absorption effect compared to that of the prior invention 1. However, inasmuch as the instant Claim No. 1 invention has no ground to deem that the effect of absorption of biodism was lost compared to that of the prior invention 1, and as long as the instant Claim No. 1 invention is the main technical task to prevent the escape of the absorption of the absorption layer, the inventive step of the instant Claim No. 1 invention cannot be denied on the ground of a difference in effect in a separate technical task.

3) Results of review

As seen earlier, a person with ordinary skill cannot easily derive the invention of Paragraph 1 of this case by combining the prior invention 1 or the prior invention 1 with the prior invention 4. Thus, the nonobviousness of Paragraph 1 of this case is not denied by the prior invention.

B. Whether the nonobviousness of the remaining invention of this case is denied

The inventions of paragraphs (3), (8), (9), and (10) of this case are subordinate inventions that directly or indirectly cited the inventions of paragraph (1) of this case, and as long as the inventive step is not denied by prior inventions 1 through 3, the inventions of paragraphs (3), (8), (9), and (10) of this case are not denied by the prior inventions, unless the inventive step is denied by prior inventions 1 through 3.

5. Conclusion

Thus, the patented invention of this case is not denied non-obviousness by the above prior inventions. Thus, the trial decision of this case is unlawful, and the plaintiff's claim seeking revocation is justified, and it is so decided as per Disposition.

Judges Kim Jong-soo (Presiding Judge)