무효사유로서의 특허청구범위의 한정성과 파라미터발명의 요건

Definiteness of Claims and Requirements for Parameter Invention

The Patent invalidation proceeding No. 2003 Dang 250 by the Korean Patent Trial Board(PTB) deals with non-obviousness of the invention, definiteness of claims, requirements for method claims, and requirements for parameter invention. In the decision of the case, PTB did not discover sufficiently the level of the technology of the present invention for determining non-obviousness thereof. In regard to the method claims of the subject invention, PTB did not understand what the invention is, and how the method claims should the drafted. Worst of all, PTB did not discuss about the requirements for parameter invention, because PTB decided that, as the present invention was not a chemical invention, therefore it was not necessary to discuss whether or not the subject claims are parameter inventions.