Patent Attorney | Subminiature Recorder Patent Act Violation, Concluded with No Suspicion of Crime

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 arguments may be summarized as follows.

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.

🔗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.

🔗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.