One can not appeal against a result of patent examination under the patent law but if the patent office had made a procedural mistake, one could cancel the patent decision through administrative litigation, according to Seoul High Court’s ruling.
Reversing its original sentence, the Seoul High Court has ruled that Fujitsu Ltd’s petition calling for cancellation of a patent decision is reasonable. Fujitsu had claimed that KIPO’s procedural mistake has violated its right as a patent applicant.
The court said if the plaintiff has mistakenly filed two same patent applications originally intending to file two separate applications, KIPO should have notified the plaintiff of the problem so as for the plaintiff to correct its patent application.
Fujitsu had intended to file divisional applications for thirty of its patents but due to a transmission error of electronic documents, it accidentally submitted two same applications. Then the patent decision was made for the same two applications in February 2003 and that’s when Fujitsu filed the suit asking for patent reexamination.
(Cited from YTN Internet : www.ytn.co.kr)
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