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2001 (Ju) 1256, Minshu Vol.57, No.4 , at 477

Date of Judgment: April 22, 2003

 

Issuing Authority: Supreme Court

 

Level of the Issuing Authority: Final Instance

 

Type of Procedure: JudicialCivil

 

Subject Matter: Patent (Inventions)

 

Summary of the judgment (decision):

 

1. An employee, etc., who assigned a patent or the patent right with respect to an employee's invention to the employer, etc., according to the service regulations or other stipulations provided in advance by an employer, etc., even in the case that remuneration is provided for in the service regulations or other stipulations, yet the amount of said remuneration is less than the reasonable remuneration provided in Article 35 (3) and (4) of the Patent Law, according to Article 35(3), is eligible to demand the deficit amount.

2. In the event that the date of remuneration payment is covered in the service regulations or other stipulations decided by the employer, etc., the period of extinctive prescription of the right to obtain reasonable remuneration according to Article 35(3) of the Patent Law begins from the date of remuneration payment.