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| TITLE | Supreme Court en banc Decision 2017Hu2819 Decided February 21, 2019【Invalidation of Registration (Patent)】 [full Text] |
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| Summary | |
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[1] Meaning of “interested party” under the main sentence of Article 133(1) of the former Patent Act, and whether a person manufacturing and selling, or intent on manufacturing and selling, the same type of product as the patent invention constitutes such an “interested party” (affirmative) Whether the right to file a petition for a patent invalidation trial can be deemed to have become extinct on the ground that either a patentee has not asserted the right against a patent licensee, or no such concern exists (negative in principle) [2] Whether the court can exercise discretion in deciding whether to approve the application for resumption of arguments filed by the party concerned (affirmative in principle), and an exceptional case where the court is obliged to approve the application and resume the argument [3] Standard of determining “identity of invention” as stipulated in Article 29(3) of the former Patent Act regarding expanded earlier application |
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