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TITLE | Supreme Court Decision 2018Hu12004 Decided July 25, 2019 ¡¼Correction of Registration (Utility Model)¡½ [full Text] |
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Summary | |
[1] Method of determining whether the nonobviousness of a device is denied, and in this case, whether it is possible to ex post facto determine, under the premise of having knowledge of a technology described in the description, which was subject to examination of nonobviousness, whether the device could have been easily made by a person with ordinary skill (negative) [2] In trials for correction or lawsuits for revocation of a trial decision of correction, whether it is possible to render a trial decision to dismiss a claim for a trial to revoke a trial decision or dismiss a claim for revocation of a trial decision on account of the reasons for which a person who filed a claim for a trial was not granted an opportunity to submit an opinion (negative) In a case where a trial for correction was dismissed to the effect that nonobviousness of a device has been denied on account of a prior device, whether documents submitted just upon the commencement of the proceedings for revocation by the Commissioner of the Korean Intellectual Property Office may be used as the grounds for its determination (affirmative to limited extent) |