IP High Court Decision, 2021Heo5030 (Case Concerning the Description Requirements of the Specification regarding a New Grass Variety)

This case concerns whether the patented invention regarding ‘Jinji, a new strain of grass,’ complies with the description requirements of the specification outlined in Article 42(3)(1) of the former Patent Act. Depositing plant bodies or microorganisms is merely a means to supplement the regulations stipulated in Article 42(3)(1) of the former Patent Act. Mere deposition from the invention related to plant bodies or microorganisms does not automatically fulfill the aforementioned requirements. The determination of satisfaction with these requirements must rely on whether a person with ordinary skills in the art can practice the patented invention based on the detailed description of the invention, without necessitating undue experimentation or specialized knowledge known at the time of filing the patent application. According to this court’s on-site inspection, it is evident that the currently cultivated Jinji grass does not accurately exhibit the varietal characteristics as specified in the claims of the patented invention. Additionally, the conditions and methods for planting and cultivating Jinji grass are not explicitly disclosed in the detailed descriptions of the patented invention, in a manner that exhibits the varietal characteristics mentioned in the claims. Consequently, none of patented claims meet the description requirements of the specification stipulated in Article 42(3)(1) of the former Patent Act.