1. The Intellectual Property Tribunal shall revoke a trial decision in relation to a case on December 17, 2015 by the Intellectual Property Tribunal;

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

1. Basic facts

A. (1) On February 26, 2015, the Plaintiff filed for a registration invalidation trial (2015Da605) on the instant patent invention with the Intellectual Property Tribunal against the Defendant who is a patentee. The Plaintiff asserted that “A claim 1 of the instant patent invention (hereinafter “instant Claim 1”) is identical to prior invention 1, and newness is denied, or that a person with ordinary knowledge in the art to which the invention pertains (hereinafter “ordinary technician”) can easily make an invention under prior invention 1 through 3, and thus, the nonobviousness is not denied, and there is no ground for invalidation of the indicated invention.”

(2) In the aforementioned trial procedure, the Defendant filed a request for correction of the instant Claim No. 1 invention on September 25, 2015.

(3) On December 17, 2015, the Korean Intellectual Property Tribunal rendered the instant trial ruling rejecting the Plaintiff’s request for the correction on the ground that “the Defendant’s request for correction is lawful, and the Defendant’s request for correction is recognized as newness by prior invention 1 and the inventive step is not denied by prior invention 1” (the Plaintiff did not assert the non-statement regarding the corrected invention under Paragraph (1) of this case).

B. The name of the Defendant’s patented invention (Evidence 2) (1) invention: The title of the instant patented invention (Evidence 2) invention: The filing date and method (2) using cans file files / the registration date/registration number: April 25, 2012; / the outline of the instant patented invention under No. 10-138976 (3) invention is about the grading system and method using cans file.

(No. (001). The marking of the answer sheet for the previous subjective test is marked in several times by the grading person, so it is difficult to maintain security as well as cost and time, it is difficult to maintain security, there is a possibility of an error due to underwater work, and there is an inconvenience in management to keep the original or copy of the answer sheet for a given period.