CONTENTS
- 1. Patent Attorney | Case Background
- - Subject to a Criminal Complaint for Patent Infringement Filed by a Competitor
- - The Complainant's Argument
- - Why a Patent Attorney's Assistance May Be Needed
- 2. Patent Attorney | Case Review
- - Review of the Relevant Legal Principles
- 3. Patent Attorney | Details of the Pleading
- 4. Patent Attorney | Patent Infringement Case, Concluded with Non-Referral for No Suspicion of Crime
1. Patent Attorney | Case Background
With the assistance of a patent attorney, the client in this case reached the conclusion that there was no infringement of patent rights.
Let us review how this came about.
Subject to a Criminal Complaint for Patent Infringement Filed by a Competitor
The client was a business operator who developed and sold ultra-compact voice recorders that were differentiated from those of other companies.
Before filing the product, the client registered a technical patent right through consultation with a patent attorney.
However, a competitor (the complainant) claimed that the product infringed its patent.
The competitor sent a certified letter of content requesting that the patent infringement cease, and it later proceeded with legal action and filed a criminal complaint against the client.
The Complainant's Argument
The complainant's arguments may be summarized as follows.
▷ Argued that the client continued sales despite being aware of the patent infringement
▷ Argued that some elements of the patent claims are identical or similar and may be interpreted as falling within the scope of the right
▷ Demanded a criminal complaint, damages, and suspension of product sales under the Patent Act
Why a Patent Attorney's Assistance May Be Needed
The client who came to the patent attorney maintained that the complainant's assertions were unjust.
The client argued that blocking even the patent related to the recorder components reflected an unreasonable patent scope.
In response, the patent attorney at Daeryun Law Firm reviewed the case in cooperation with a patent agent affiliated with Daeryun Law Firm in order to resolve the client's case.
▷ Collaboration with a patent agent, re-examination of the patented invention
▷ Patent litigation
🔗Patent right disputes are an area requiring specialized legal interpretation, and they call for rebuttal grounded in legal reasoning that goes beyond simple technical differences.
Because this client was in a situation that was difficult to handle alone, strategic assistance grounded in the Patent Act and related precedents was critical.
2. Patent Attorney | Case Review
The patent attorney analyzed the issues in the case, then reviewed the relevant legal principles and established that there was no basis for the alleged offense.
Issue Category | Detailed Issues |
Whether patent infringement occurred | Whether the client's product substantially infringes the scope of the competitor's registered patent |
Distinctiveness and originality of the components | Whether the client's product includes a new technical means or improved components compared to the registered patent |
Whether the scope of the registered patent is lawful | Whether the competitor's patent claims are drafted excessively broadly such that grounds for invalidity exist |
Review of the Relevant Legal Principles
🔗Patent infringement to be recognized, it must be confirmed whether the patent right is valid and falls within the scope of protection.
In particular, the third party must have no legitimate title to work the patent, and the working must have been carried out as a business(業) rather than for personal use for infringement to be established.
Requirement | Content |
Valid patent right | The patent right must be in effect at the time of infringement; if it has lapsed, infringement is not established X |
Working within the scope of protection | The third party's conduct must include all components within the scope of the patent claims for infringement to be established |
Absence of legitimate title | The third party must have no legal right, such as a license, to work the patent |
Commercial purpose | The working must be carried out as a business(業), not for personal or domestic use |
Category | Act |
Invention of a product | Producing, transferring, leasing, or importing the product, |
Invention of a process | Producing, transferring, leasing, or importing an article used exclusively for working that process, or making an offer to transfer or lease it |
Category | Content |
Individual | Imprisonment for up to 7 years or a fine of up to 100 million won may be imposed |
Corporation | A fine of up to 300 million won may also be imposed on a corporation (joint penalty provision applies) |
Nature of the offense | Crime not punishable against the victim's will (punishment is not possible if the victim does not wish it) |
3. Patent Attorney | Details of the Pleading
The patent attorney made the following arguments to assert the client's no charge.
The client's product was clearly different from the competitor's patent, and there was a fundamental distinction in the technical components.
To prove this, the attorney submitted materials analyzing the design structure and functional differences of the product.
Before filing the patent application, the client consulted with a patent agent and incorporated a configuration differentiated from existing products, through which the patent registration was completed.
Accordingly, the attorney argued that the infringing elements alleged by the competitor had been excluded from the outset during the client's patent design process.
The patent components alleged by the competitor were technology that is generally and widely used.
On this basis, it was unreasonable for the complainant to allege patent right infringement.
The patent attorney built a legal argument by countering on the basis of existing patent precedents and the interpretation of patent law.
4. Patent Attorney | Patent Infringement Case, Concluded with Non-Referral for No Suspicion of Crime
Through the patent specialist attorney's careful legal response, it was proven that the competitor's claim of patent right infringement was not valid.
The police, who reviewed the relevant content, also accepted this and issued a decision of non-referral on the ground of no suspicion of crime.
As shown, if you face a patent-related charge, thorough advance preparation through collaboration with a patent attorney and a patent specialist attorney is needed in advance.
If you have been unfairly sued on the ground of a violation of the Patent Act, you should explore legal response measures through a 🔗legal consultation appointment with a patent specialist attorney at Law Firm Daeryun.
Because the process of proof can be demanding and somewhat complex to handle alone, it is important to prepare a strategic response with an experienced attorney from the early stage of the investigation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
