실용신안 권리범위확인(적극적) 심판의 문제점과 방어수단으로서의 무효

Various Issues on Trial for Scope of Claims and Invalidation of the Claims as Defences

It is absolutely required to describe an invention in specification and claims for patent protection. However, certain written description is more complicated and difficult to understand the invention than understanding by the patented article with common sense. For better understanding of an invention, we should not cling to the technical terminologies or the expressions. A utility model or an invention should have utility to provide users with positive benefit in order to be a patentable subject matter. When a trial for scope of claims is filed, if the defendant wishes to claim invalidation of the claims, the defendant shall be able to claim invalidation of the claims at the trial without filing a separate trial for invalidation of the claims.