by the Supreme Court of Korea

“ If no agreement is reached or if a discussion cannot be conducted, no applicant shall be granted with a patent for the invention." Section 3 of the same Article stipulates, "If the idea for an invention applied for a patent and the idea for a new design application are identical and such patent application and the new design application are submitted on the same day, the provision of Section 2 shall be applied." ”

“ A patent application or utility model registration application filed by a person who is not the inventor, creator, or successor in title to the right to obtain a patent or utility model registration shall, for the purposes of paragraphs (1) through (3) , be deemed never to have been filed. (6) The Commissioner of the Korean Intellectual Property Office shall, in the case of paragraph (2) , order the applicants to report to him the results of the consultation within a designated period of time. ”

“ The judgment by the court below with the same purport is fair and understandable, and is not in violations of the law such as the misunderstanding of legal reasoning about the identity of inventions, as argued in the Reasons for Appeal. ”