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TITLE | Supreme Court Decision 2016Du45745 Decided September 13, 2018 ¡¼Etc. (Revocation of Decision on Request for Rectification of an Obvious Mistake)¡½ [full Text] |
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Summary | |
[1] Method of determining whether a notification of refusal, made by the Korean Intellectual Property Office (KIPO)¡¯s Commissioner, in response to a request for rectification of obvious mistakes in the international application, can be the subject of appeals [2] In a case where: (a) Applicant A filed an international application for a language learning system using linguistic units smaller than phoneme or various games pursuant to the Patent Cooperation Treaty; (b) Applicant A subsequently filed a request for rectification of obvious mistakes in order to rectify the contents of the description the applicant submitted at the time of the filing of the said international application; (c) the KIPO Commissioner sent a notification of refusal to authorize Applicant A¡¯s request for rectification on the ground that the contents of rectification attached to the request cannot be recognized as what was intended at the time of the filing of the said international application, the case holding that the instant notification cannot be the subject of appeals |