 |
| (Source: Nitto) |
The Intellectual Property Trial and Appeal Board (IPTAB) upheld the validity of Nitto Denko's patent KR2351753, rejecting the cancellation request against claims 1-6, 14-15, and 19-23. This decision was finalized in August 2023, and the patent was subsequently amended in September 2023.
However, patent KR2351756 did not escape scrutiny. The IPTAB accepted the cancellation request for claims 1-2, 5-6, and 9-13, concluding that these claims lacked inventive step. The board cited several prior patents that undermined the patent's novelty, including Lintec Corp's "Adhesive Sheet" (JP2005-272558), Avery Dennison Corporation's "Surface Treated Film and/or Laminate" (KR10-2013-0080801), SUMIRON KK's "Surface-Protecting Film" (JP2003-213229), and two of Nitto Denko's own patents (KR10-2006-0053900, JP2009-299053). The decision to revoke KR2351756 is set to be finalized in October 2023.
Regarding industrial applicability, Nitto Denko described KR2351753 as suitable for use as a protective adhesive sheet requiring surface slipperiness and stain resistance. On the other hand, KR2351756 was described as ideal for protective adhesive sheets requiring resistance to chemicals like organic solvents.
As of October 3, Nitto Denko has registered or published 398 patents in South Korea with the term "adhesive sheet" in their titles. Including withdrawn, expired, surrendered, invalidated, and rejected patents, this figure rises to 622. Of these, only two have faced formal cancellation requests.
South Korea's patent landscape changed with the introduction of a revised Patent Act, which was promulgated on February 29, 2016, and took effect on March 1, 2017. The revised act introduced a patent cancellation system, allowing any party, not just interested parties, to file a cancellation request within six months of a patent's registration announcement. In contrast, patent invalidation trials, which can only be initiated by interested parties, may be filed even after the patent has expired.
Once a patent cancellation request is filed, a panel of examiners at the IPTAB reviews the patent in question. If the panel identifies any defects, they have the authority to revoke the patent. The panel evaluates each claim individually, determining whether cancellation is warranted on a claim-by-claim basis. Once a cancellation decision is finalized, the invalidated claims are deemed never to have existed. The cancellation system applies to patents registered after March 1, 2017.
 |
| (Source: KIPRIS) |
By PatenTrip
Comments
Post a Comment