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논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2012.6
- 수록면
- 1 - 28 (28page)
- DOI
- 10.34122/jip.2012.06.7.2.1
이용수
초록· 키워드
오류제보하기
With its revision on 3 February 2001 to Legislation No. 6411, the Patent Act introduced request a patent correction during a patent invalidation trial under Article 133bis. Under the Article, a patentee can not request a trial for a correction under Article 136 where an invalidation trial against the patent is pending before the Intellectual Property Tribunal.
There is no hierarchical relation whatsoever between the cancellation proceedings of the Patent Court of Korea and the proceedings of the Intellectual Property Tribunal, and the records from the proceedings of the Intellectual Property Tribunal are not transferred to the Patent Court. Accordingly, the same contentions and evidences as those already submitted to the Intellectual Property tribunal must be submitted again to the Patent Court for a new determination at the Patent Court and a petitioner of a trial can submit the new contentions and evidences documents where the case is pending before the Patent Court of Korea .
Where the reversal of a trial ruling or decision becomes final, the trial examiner shall review the case and make a trial decision again. As the trial board is bound by Patent Court’s decision regarding invalidation, the trial board’s new ruling or decision at issue cannot be in disagreement with the grounds cited by the Patent Court’s judgement.
At this proceedings of the trial pursuant to revoking judgement, request a patent correction during a patent invalidation trial can not admitted according to the precedents and guidelines of Intellectual Property Tribunal.
But it is problem that there is no chance to request a patent correction even though the Patent Act gives the chance the request, therefore the precedents and guidelines of trial should be changed.
There is no hierarchical relation whatsoever between the cancellation proceedings of the Patent Court of Korea and the proceedings of the Intellectual Property Tribunal, and the records from the proceedings of the Intellectual Property Tribunal are not transferred to the Patent Court. Accordingly, the same contentions and evidences as those already submitted to the Intellectual Property tribunal must be submitted again to the Patent Court for a new determination at the Patent Court and a petitioner of a trial can submit the new contentions and evidences documents where the case is pending before the Patent Court of Korea .
Where the reversal of a trial ruling or decision becomes final, the trial examiner shall review the case and make a trial decision again. As the trial board is bound by Patent Court’s decision regarding invalidation, the trial board’s new ruling or decision at issue cannot be in disagreement with the grounds cited by the Patent Court’s judgement.
At this proceedings of the trial pursuant to revoking judgement, request a patent correction during a patent invalidation trial can not admitted according to the precedents and guidelines of Intellectual Property Tribunal.
But it is problem that there is no chance to request a patent correction even though the Patent Act gives the chance the request, therefore the precedents and guidelines of trial should be changed.
목차
초록
Ⅰ. 서론
Ⅱ. 관련 사례
Ⅲ. 취소판결에 따른 특허무효심판에서의 정정청구의 인정 여부
Ⅳ. 결론
참고문헌
Abstract
참고문헌 (12)
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