TITLE	Supreme Court Decision 2011Da77313, 77320 Decided November 13, 2014¡¼Change of Patent Applicant ? Damages¡½ [full Text]
Summary
[1] In a case where employees, etc., who are subject to an agreement or occupational rule which decides that the right to obtain patents for employee invention will be succeeded to by the employers, etc., failed to notify the employer of the completion of an invention, engaged in a dual transfer of their right to obtain patents to a third party, and thus, enabled the third party to complete patent registration, whether such an act constitutes a tort (affirmative) [2] In a case where two or more persons contribute to a single invention and jointly share the right to obtain its patent, the standard for determining the shares between the inventors [3] In a case where employees subject to an ex ante agreement on succession of employee invention completed an employee invention, failed to notify the completion to the employer, and dually transferred the right to obtain a patent of the invention to a third party under the third party¡¯s active participation, leading to the third party¡¯s completion of patent registration, whether the employer who became aware of the employee invention may acquire the right to claim transfer of the patent registration if he/she informs the employee of his/her intent to succeed to the patent right (affirmative), and whether the Plaintiff may exercise the right to claim for transfer of patent right against the third party, such as employees, by subrogation upon setting up the said right as the preserved right (affirmative)

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