Patent Attorney | A Patent Attorney Who Secured a Non-Referral Decision on a Charge of Violating the Patent Act

The client sought assistance from the firm's attorney, stating that he was under suspicion of a violation of the Patent Act.

The client had worked for 10 years at the complainant, a mask sales company, before leaving and acquiring the complainant company's factory to establish his own company.

The original agreement provided that the complainant company's mask manufacturing equipment at the factory would also be taken over, but due to the complainant's objection, the agreement was concluded in a form that left ownership of the manufacturing equipment with the complainant.

After establishing the company, for several years he produced a substantial portion of his total mask output according to orders from the complainant company.

However, after the COVID-19 pandemic subsided, the volume of orders from the complainant decreased sharply.

The client could not produce masks without the complainant's orders, yet he maintained the production equipment and workforce as they were and bore the costs of rent and repairs.

The client continued to request orders from the complainant, but the complainant did not respond at all and ultimately told him to use his own mask manufacturing equipment to make up for the shortfall in the complainant's orders.

However, after COVID-19 subsided, there were no suitable customers and it was not easy to conduct independent sales, so in order to establish an independent basis for survival, he sought to build his own manufacturing equipment rather than the complainant's equipment.

Accordingly, he conducted testing for the introduction of new equipment using the complainant's manufacturing equipment, then commissioned a manufacturing equipment company to build it.

The complainant then filed this complaint, claiming that the client had infringed its patent rights by using its manufacturing equipment and the method for producing its patented product to manufacture its patented product.

The client, feeling distressed, sought out a patent attorney to respond to the patent infringement case.

In the patent infringement that was the charge against the patent lawyer's client, a patent refers to a state-recognized exclusive and exclusionary right recognized for an invention, a type of intellectual property right.

The patent system has the purpose of promoting the development of national industry by protecting and encouraging inventions.

The patent attorney examined the issues to resolve this case.

The issue in this case was whether there was conduct constituting a violation of the Patent Act.

The patent attorney, focusing on this, set out to defend the client as follows.

As a result of the patent attorney's defense of the client, the police issued a non-referral decision to the client.

The client faced the risk of punishment on a wrongful charge of patent infringement, but with the assistance of the patent attorney, the case was able to be concluded at the police investigation stage.

In the case of patent infringement, severe punishment is prescribed in that it infringes the rights of the patent holder.

Therefore, even if the charge is not true, it is necessary to seek the assistance of a patent attorney and prepare a response strategy in order to have a chance of clearing the charge.

This firm's patent attorney, drawing on experience in resolving related cases, will prepare a tailored strategy that can lead to a result favorable to the client.

If you are in a situation requiring the assistance of a patent attorney, please proceed with a 🔗legal consultation reservation.