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All subjective rights fulfill a social function and these rights should therefore be exercised in compliance with their function. A social finality is attached to all rights, including the most selfish rights of all. Such rights are granted to individuals not merely for benefit of their own self-interest, but even more so for that of the community as whole. Patent right granted to inventions having intellectual applicability, novelty and nonobviousness. If Patent right has been granted contrary to requirements for patent, this right must null a trial to invalidate a patent. Patent Act adopts to authority distribution in invalidarion of patent and construction of patent. Hence, the court make not judge that patent has been granted contrary to novelty and nonobviousness. But, Court has been judged patent with not novelty and has not been judged patent with obviousness. Patent Act aims to encourage, protect and utilize inventions, thereby improving and developing technology, and to contribute to the development of industry. In accordance with, the court with an action relating to the infringement of a patent right, if unquestioned a patent invalidation, puts limitation on exercise patentee rights prior to the decision on a patent opposition relevant to the trial or the trial decision.