[Success Case]
Case No. 2010 Xing-Zhuan-Su-Zi 152, Intellectual Property Court
[Decision Digest]
However, the patent at issue only describes it does need to use resistors or set resistance, without mentioning what technical method(s) is(are) used to omit resistors and the solution for overcoming the short circuit problem in the absence of resistors. Therefore, holders of common knowledge in the field where the invention involves do not understand and realize the invention. The patent at issue thus violated Article 108 of the Patent Act where paragraph 2 of Article 26 of the same act shall apply mutatis mutandis.
(Collected by TIPO as a representative case in Compilation of Patent Administrative Proceeding Cases 2010-2011)
