Date of
Judgment: April 22, 2003
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):
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.