TITLE Supreme Court Decision 2010Hu2353 Decided June 9, 2011 [Rejection Order (Patent)] REGISTRATION 2017.04.26 10:45
WRITER dancheon inquiry 1067
[1] Whether application of the statutory provision of the exception to laid-open patent applications in Article 30 (1) 1 of the Patent Act can be newly claimed through an amendment which is filed later than the initial patent application (negative) [2] In case where the person succeeding to the right to acquire a patent from the inventors who had presented a research paper regarding the invention to be patented at a conference filed a patent application in which the claim of "patent application under the exceptions to laid-open applications" was not indicated and later submitted to the Korean Intellectual Property Office (hereinafter the "KIPO") a document indicating the provisions providing exceptions to laid-open applications should be applied, the case holding that Article 30 (1) 1 of the Patent Act cannot be applied