TITLE	Supreme Court Decision 2014Da220347 Decided January 25, 2017 ¡¼Claim for Compensation for Employee¡¯s Invention¡½ [full Text]
Summary
[1] Meaning of ¡°benefits to be realized by an employer¡± that should be considered when determining the amount of compensation for an employee¡¯s invention as prescribed under Article 40(2) of the former Patent Act Where benefits derived from a product manufactured and sold by an employer can be assessed as the employer¡¯s benefits accruing from an employee¡¯s invention, even though the product does not fall under the scope of right to an employee¡¯s invention [2] In cases where grounds exist for invalidating a patent regarding an employee¡¯s invention, whether compensation for an employee¡¯s invention is nullified by uniformly denying the existence of exclusive benefits accruing from a patent (negative in principle), and whether the grounds for invalidation can be taken into consideration when calculating the exclusive benefits accruing therefrom (affirmative)

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