I P 판례

목 차
CONTENTS

Ⅰ. 결 정 계 ∙ 1

1. 2011허9092 거절결정 ····················································································· 3
▸ 우선권주장 불인정과 관련하여 실질적으로 의견서 제출의 기회가 부여되었는지 여부를 판단한 사례

2. 2011허2947 거절결정 ··················································································· 10
▸ 출원단계에서 출원인에게 의견제출기회가 부여되었는지 여부를 판단한 사례

3. 2011허4165 거절결정 ··················································································· 18
▸ 보정에 의해 특허청구범위가 실질적으로 확장된 것인지와 관련하여 발명의 목적이나 기술적 사상이 변경된 것인지 여부를 판단한 사례

4. 2010허8122 거절결정 ··················································································· 32
▸ 특허발명의 진보성을 부정하기 위한 거절이유에서 입증책임의 분배에대해 설시한 사례


Ⅱ. 무 효 ∙ 47

1. 2010후2582 등록무효 ··················································································· 49
▸ 명세서의 기재요건을 충족하기 위해 반드시 실시예가 기재되어야만 하는지 여부에 대해 판단한 사례

2. 2011후2060 등록무효 ··················································································· 56
▸ 특허청구범위의 정정이 청구범위의 감축에 해당하는 경우, 실질적 변경에 해당하는 지 여부를 판단한 사례

3. 2011허4769 등록무효 ··················································································· 59
▸ 특허청구범위에 약리기전을 추가하여 정정한 경우의 정정의 인정 여부를 판단한 사례

4. 2011허3063 등록무효 ··················································································· 76
▸ 진보성 판단에 있어서 인용발명의 선행기술서의 지위가 인정되는지 여부에 대해 판단한 사례

5. 2011허8082 등록무효 ··················································································· 97
▸ 1개의 특허청구범위에 일부 무효사유가 있는 경우의 처리방법에 관한 사례

6. 2010허9354 등록무효 ················································································· 105
▸ 파라미터발명의 진보성 판단 사례

7. 2011허491 등록무효 ··················································································· 129
▸ 모인발명인지 여부에 대해 판단한 사례

8. 2011허4240 등록무효 ················································································· 142
▸ 특허발명이 공중의 위생을 해할 염려가 있는지 여부에 대해 판단한 사례


Ⅲ. 권리범위확인 ∙ 153

1. 2011허3384 권리범위확인 ·········································································· 155
▸ 권리범위확인심판에서 확인대상발명을 기재함에 있어 주지관용기술에 해당하는 부분이 기재되어 있지 않은 경우의 확인대상발명의 특정 여부에 대한 판단사례

2. 2011허7188 권리범위확인 ·········································································· 177
▸ 특허법 제129조의 물건을 생산하는 방법발명의 판단 사례

3. 2011허3018 권리범위확인 ·········································································· 192
▸ 등록고안이 2 이상의 항으로 되어 있는 경우, 확인대상고안이 청구항 1에 속하는 판단을 하면서 심판청구를 기각한 경우의 위법 여부를 판단한 사례

4. 2010허9620 권리범위확인 ·········································································· 201
▸ 확인대상발명이 균등관계에 있는지 여부를 판단하기 위한 조건으로서양 발명의 과제의 해결원리가 동일한지 여부의 판단 사례

5. 2011허1258 권리범위확인 ·········································································· 211
▸ 확인대상고안이 등록받은 고안인지 여부를 판단하기 위한 대상으로서 정정전 등록고안과 대비하여 확인대상고안이 등록받은 고안이라고 심결하여 위법하다고 한 사례



자료출처: 특허심판원

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