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TITLE Supreme Court Decision 2020Hu10087 Decided May 14, 2020 【Invalidation of Registration (Patent)】 [full Text]
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)
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