Date of
Judgment: June 12,
2001
Issuing
Authority: Supreme Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial（Civil）
Subject
Matter: Patent (Inventions)
Summary
of the judgment (decision):
In a case
where, in relation to a patent application which was made by A, a co-holder of
the right to be granted a patent, jointly with other co-holders, B submitted to
the President of the Patent Office a notification for the change of the
applicant for the patent from A to B with a document certifying that B had a
share in the right to apply for a patent from A and the patent was registered
with B being a co-holder of the patent, under the circumstances where B is a
person without any entitlement who produced the above certificate without the
consent of A and before the registration of the patent, A had initiated an
action vis-a-vis B to be acknowledged that A is entitled to a share in the
right to have a patent granted, and this right to have a patent granted and the
patent in question relate to the same invention, A is entitled to demand that B
undertake the procedure to transfer registration regarding B's share in the
patent in question to A.