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TITLE | Supreme Court Decision 2020Hu10087 Decided May 14, 2020 ¡¼Invalidation of Registration (Patent)¡½ [full Text] |
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Summary | |
[1] In a case where the establishment of a patent has been registered through the patent application by a patent assignor who transferred entitlement to a patent under a contract before a patent application, whether the patent right constitutes the patent of ¡°a person who is not a legitimate right-holder,¡± which corresponds to the causes of the invalidation of patents (affirmative) [2] Meaning of ¡°a third party¡± prescribed in Article 38(1) of the Patent Act and whether an assignee, who obtains a patent right, including the causes of the invalidation of patents as a patent of ¡°a person who is not a legitimate right-holder,¡± constitutes the said third party (negative) |