【Syllabus of Latest Opinion】 Supreme Court Decision 2023Hu10712 decided May 29, 2025 【Invalidation of Registration (Utility Model)】
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사건번호
2023Hu10712
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선고일자
2025. 05. 29.
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사건분류
Intellectual Property
【Main Issues and Holdings】
[1] Whether the public disclosure exception, claimed for an initially disclosed invention according to the prescribed procedures by a person entitled to a patent who made multiple public disclosures within a 12-month period under Article 30(1) of the Patent Act, extends its effect to the remaining publicly disclosed inventions, given the recognized identity with the initially disclosed invention (affirmative)
[2] Whether the identity between a self-disclosed invention and an invention applied for patent registration is mandated, or whether the application filed for patent registration must be relevant to the self-disclosed invention per se for the public disclosure exception under Article 30(1)1 to be applied
[3] Method of determining whether the nonobviousness of a design is denied