美國 特許法과 우리나라 特許法의 比較·考察 : 新規性과 進步性 관하여

이범희 忠南大學敎 特許法武大學院 2003 국내석사

Under United States of America leading the world in IPR field unionization done protection level and procedure have. The South Korea must judge this unionization along done judging standard. Provisions 102 of United States of America patent law is divided to Novelty Provisions and Loss of right Provisions. (a) that is Novelty Provisions, (e), (g), (g) clause to do not receive patent by some event that happen before application person's invention consists do provisions that know be. (b), (d) clause that is Loss of right Provisions displays that inventor loses right to receive patent if some event that is United States of America application happens before. If examine provisions about American novelty, standpoint that is selecting common knowledge, domestic remark of official business and cosmopolitanism of publication is similar with Korean novelty provisions. But, because the United States of America is selecting starting in first to Invent, the basic date is difference that is application racket. Ordinary knowledge of technology field that invention that invention that select reference more than two that can include all when combine compositions of invention that is requested in technology field that requested invention belongs if compare judgment business for United States of America and Korean progress and is requested from each reference' union sees belongs whether can be invented as is easy from person judge. Do by main vantage point whether item that can be motive to arrive in such invention that is requested to reference of the third person' right when judge is saved the world and method to consider whether also invention of demand clause is profitable result than reference of the third person' right and judge can assume that is resemblant almost. But, reference that become judgment target of progress in two countries is following difference. First, South Korea patent law can select to evidence necessarily in case of is concentration of mind evidence that selected evidence is application because is selecting first to application. However, United States of America patent law can select as evidence in case of is ago 1 year that reference is application because is selecting starting in first to Invent, but these evidence must submit affidavit that certify that consisted before that application person's invention is reference. Second, Reference invention be that because before is made an application and is not selecting reference that is not exhibited at the time of application in our country that refer to special permission that receive registration in the United States of America after to judgment caravan of progress in United States of America by other person the existence know can but after this charter is made an application, if registration consists, this special permission literature is point that become target who must judge progress of relevant application. It is known that these patent is patent that is latented in the United States of America. Therefore, reference that become the target in two countries when judge progress in case application consisted on equal date in two countries can be different. Think that wide research for United States of America patent is serious at present visual point that special permission competition is controlled a fever and international patent is increased rapidly.

NPE와 技術保護主義 浮上에 따른 知識財産權 强化 方案

김은주 忠南大學校 特許法務大學院 2015 국내석사

特許實體法條約(案) 主要爭點에 관한 硏究

전현진 忠南大學校 特許法務大學院 2006 국내석사

With the accelaration of borderlessness in technology and economy, inventors of all nations long for a global level of patent system whose provisions are uniformly set not only procedurally but also substantively, which enables the acquisition of patent right worldwide by a single patent application. Triggered by the U.S. proposal on international uniformization of grace period rules in the early 1980s, efforts for international harmonization of substantive patent requirements seemed to be completed with 「diplomatic conference for the conclusion of a treaty supplimenting. the Paris Convention as far as patents are concerned」 in 1991. However, it was suspended by the U.S. adhering to its first-to-invent system, and after that Patent Law Treaty(PLT) was adopted in June 2000, which harmonized only aspects of procedural patent requirements. At the fourth session in November 2000, Standing Committee on the Law of Patents(SCP) proposed items related to further substantive harmonization of international patent law during its future sessions: prior art, novelty, inventive-step, industrial applicability, sufficiency of disclosure and drafting and interpretation of claims. Possible issues on patentable subject matter are biotechnology inventions, computer software related inventions and business methods. Questions on sufficiency of technical character of these inventions are raised, and it is another controversial matter whether defining patentable inventions with technical character is necessary or not. In regard of patentability, it is necessary to discuss different standards for determination of patentability in each country. The U.S. has grace period provisions under first-to-invent system: however, the EU has limited non-prejudicial disclosure rules under absolute novelty concept. For this reason, there are some arguments about whether grace period provisions should be included, and if so, which level they would be. The U.S strongly proposes enlarging patentable subject matters and lowering patentability requirements. The EU desires stricter criterion for grace period and wants the U.S. to accept first-to-file system. Developing countries want provisions allowing exceptions to patentability, and wish genetic resources and traditional knowledge to be included in patentable subject matter. Whether SPLT comes to a settlement or not depends on that these different attitudes is well-harmonized with each other. This dissertation studies on the solution for unifying the Korean patent system by examining the main regulations of draft Substantive Patent Law Treaty(SPLT) and comparing these regulations with patent-related laws in Korea.

特許技術事業 活性化를 위한 制度改善 方案 硏究 : 特許技術移轉促進 法制度 改善 方向을 中心으로

선종철 忠南大學校 特許法務大學院 2002 국내석사

As the 21th century has ushered, the knowledge-based society has brought a new paradigm to the international technology order. Without acquiring unique and comparative advantage in technology development, Korea might fall into a dangerous situation where it is dependent on the world technology hierarchy. Therefore, the Korean government is needed to induce the transfer of technologies which are strategically important and comparatively advantageous on the basis of Korea's current technology level. Independent technology development is important for the transfer of essential technologies. There are two ways to embody the strategy for technology development: the acquirement of industrial property rights including patent and the active commercialization of them. In fact, the number of industrial property applications has been dramatically increased over the past years, ranking Korea one of the top 5 countries in terms of industrial property applications. However, most of patent technologies which were developed with enormous time and money are dormant, not being commercialized for strategic and financial reasons. Especially small and medium-sized firms with weaker position in the market have difficulty in commercializing their patent technologies due to limited finances and lack of enough securities. To improve the present situation, a strategy is needed to promote the commercialization of patent technologies, which contains the voluntary participation from private sectors and the maximum exploitation of creativity with government assistance. And the Korean government should establish a dissemination system which can link the creative patent technologies to actual products and services. Other policies for promoting the commercialization of dormant patents include the database of dormant patents and would-be investors, the linking system between dormant patent owners and would-be investors through efficient assignment, joint venture, licensing, and other legal system(for example, Technology Transfer Promotion Act) etc.

國立大 敎授 知的財産權의 歸屬 및 管理의 效率性 提高를 위한 法的 硏究

황호철 忠南大學校 特許法務大學院 2006 국내석사

特許製品 竝行輸入에 관한 硏究

김주대 忠南大學校 特許法務大學院 2002 국내석사

The purpose of this study is to know whether parallel import of patented goods may be allowed in Korea by through genral rules, foreign laws and foreign precedents for parallel imports. So far, Parallel imports of genuine goods in the field of intellectual property laws have been generally prohibited by principles of independence of right and territorialism in the Paris Convention, but they are partially allowed by international exhaustions of patent rights and the free movement of goods and services. Recently it is claimed that neither principles of independence of right nor territorialism can be relied upon to judge whether or not parallel imports may infringe patent right and that this is a problem which should be left solely to interpretation of the domestic patent law. In Korea it is interpreted that parallel imports of patented goods is prohibited by the patent law because patent law defines importing in "working" means and has no exception for that. But, when considering the flow of products by international transactions in view of the circumstances of modern society in which international economic transactions are spreading widely and progressing to higher levels, the free flow of products including importation must be respected to the maximum possible extent even in cases in which dealers import products sold abroad and place them on the market. Therefore, the parallel imports of patented goods should be allowed by the principle of free trade of goods and the function of patent law. But, although parallel imports involving patent should be granted, there are a few cases to have to prohibit those in case patented goods are put into circulation without the consent of the rightholder. In that cases, purposes of patent law can not be acheived to encourage, protect and utilize inventions, thereby improving and developing technology, and to contribute to the development of industry.

知識情報化社會 發展에 따른 特許法 硏究 : 비즈니스 方法(BM) 特許를 中心으로

조원석 忠南大學校 特許法武大學院 2003 국내석사

The contents of this paper include the business method patent which has recently become a new global interest and controversy in the field of intellectual property. Business method, from a conservative point of view, means a method or a style of managing a business, and generally, such business method failed to meet the conditions of an invention. But in case a business method is combined with inventions of other categories such as softwares using mathematical algorithm, the conditions are met and a patent can be granted. Recently, electric commerce through the internet has developed fast. Nothing that patent application related to such business are increasing, business method patent can be defined as "an exclusive grant to an invention which has the combination of business method based on the technologies of computers, communication, and internet with data process procedures, data structure and attribute". Such business method patent, along with the invention of softwares using mathematic algorithm, changed the history of patent. The significance lies in the acknowledgement of the invention of managing method which was not recognized as an invention before. In fact , unlike the patent law in Korea and in Japan, in the United States where the target of patent is not limited, the patent boundaries have been broaden through the Federal State Court's patent permission to softwares using mathematical algorithm and rulings of approval of patents to managing methods combined with softwares. And these examples have great effects on other countries patent policies. But business method patent is still the topic of many controversies concerning whether or not it should be concluded as an "invention", the extent of permission of its monopoly and exclusive rights, and the term of protection. The phenomena can be understood as ungrounded apprehensions for granting patent to a whole new field. Since business method is now approved and acknowledged as an invention through lawful actions, we must grope our way toward an under standing of the situation. For that purpose, the thesis presents the examples of disputes and court decisions of the United States which is the vanguard in this field. First, it examined the Patent Bureau's approval background of business method combined with softwares and The Federal State Court's rulings and its trend through the two historical events in the qualification of an invention, the lawsuits of State Street Bank vs Signature Financial Group, AT&T vs Excel in the United States and other main lawsuits of Europe, Japan and our nation. Secondly, it examined the efforts of individual companies to protect business model patent and their strategic policies through the representative dispute examples. The meaning of patent to a company whose business is based on internet is very special. The reason is that the acquisition of a patent in internet business guarantees an exclusive status for certain amount of time in that particular field. Certainly strategic patent application and patent violation of related companies will continuously occur, which only indicates the power of business method patent in the internet business. Therefore, each country including the United States is developing strategic patent policies on business method, and related companies are preparing corresponding strategies themselves for possible future disputes. Considering that we should aim at an intellectual intensive industry that creates high additional value, a new intellectual property policy of business method, continuous concern of related companies, and active support from the government and the Patent Bureau are essential.

特許訴訟과 行政訴訟에 관한 比較 硏究

정성태 忠南大學敎 特許法武大學院 2003 국내석사

In according to the development of scientific technology, communication technology, and high-technology industry, we live in the world of globalization in every field of economyㆍcultureㆍtechnique. Therefore, we have to acknowledge the importance of IPR(Intellectual Property Right) which plays a role to protect and boost the scientific and industrial technology. Patent, which is one of the most important things in the IPR, has several characters. For example, it is related with state of the art technology, and is the right of monopoly for a certain period. Especially, we have note that even though patent is kind of an administrative action, it has a little bit difference with the general administration in terms of its trial system. It is generally subject to the patent law which regulates the patent tribunal and litigation system. But it is also based on the administrative litigation and civil litigation because of its administrative factors. If there is no rule to apply for, we have to consider administrative litigation, and then civil litigation. In 1998, in order to strengthen patent holder's right and protect people's stable economic activities efficiently, Korean government reorganized its system of patent law, administrative litigation law, and court organization law, and also established the patent court. But there are still some points to be improved for better society in the lights of protect and develope our people's rights. In the trend of modem public capitalism, we have been following the goal to be rich people and country. On top of that, nowadays we sure that our quality of life is also more important than any other time. That is, the welfare issues are rising as ones of the national interests. We know that the mind for setting and protecting his right is spreading into people fast. When our people face illegal acts or unfair acts, they are willing to handle these powerfully. Consequently, the purpose of this study is to find the common and difference between the general administrative action and the patent administrative action, induct the things to improve for the right relief, and make clear the relation of patent, administration, and civil litigation through systematic investigations and efforts.

情報化 時代에 따른 公報制度 發展方案 硏究

노석현 忠南大學校 特許法務大學院 2006 국내석사

As indicated in Article 1. of Korean patent law, the principle purpose of patent system protects and encourages inventions and promotes the utilization of inventions for the development of technology, accordingly it contributes to industrial development. To achieve the purpose of patent law, a state endows the individual with an exclusive right for an invention and the individual opens technology to the public, consequently this cycle contributes to industrial development. Official gazette is the means for the publication to the public in the cycle. In the earlier time in Korea, only abstracts were opened to the public in official gazette after registration due to limited resources and technical problems. However, full-text specifications are opened to the public in official gazette according to the development of technology and the increase of budget. Furthermore, paper gazette was developed into CD-ROM gazette and the world's first publication gazette system was launched owing to technical growth and KIPO's efforts. KIPO has made endeavors to keep the Internet publication gazette system in the world-class level according as the informatization of KIPO has kept up with the first-class level. This research examines matters, which should be improved in the current Korean official gazette system, by confirming period-characteristics as to the publication of official gazette in Korea in a point of historic view and analyzing distinctive official gazette systems of principal nations. In addition, this research analyzes changes in the system of patent law proper to information era. It is meaningful that fundamental data to which many organizations concerning patent will be able to refer in the future were classified based on the analysis. 10 propositions suggested in this research can be instantly applicable to the Official Gazette system of KIPO, therefore it is strongly recommend to examine the propositions actively. The first proposition is significant because it suggests more than merely providing accurate information of applications; it suggests a way for protecting the right of applicants actively and promoting the convenience for them. The second proposition suggest that the 3D design publication, family patent information, legal status information and trademark sample image tool be extensively applied to patent, utility model and trademark, which was impossible in the time of CD-Rom publication. However, it has become possible under the Internet and Web environment according to the arrival of information-oriented society. The third proposition relates to an R&D related system. It suggests that all prior national R&D subjects be managed with codes, and patent is used as an indicator in whole procedure of R&D activities such as selecting, executing national R&D subjects, and post R&D activities in order to prevent duplicate R&D activities and open the way for commercialization after them. Meanwhile, the standardization of code notation for applicants and their agents is very difficult process due to the characteristics of the subject even though there is a need to push forward it in the long run. Thereby, it might be an alternative in a short-term that constructing a medium DB in which 60 codes for one company(i.g. SONY) are categorized into SONY. 특허제도의 기본 목적은 특허법 제1조 第1條(目的) 이 法은 發明을 보호·獎勵하고 그 이용을 도모함으로써 技術의 발전을 促進하여 産業發展에 이바지함을 目的으로 한다. 에 나와있듯, 발명을 보호·장려하고 그 이용을 도모함으로써 기술의 발전을 촉진하여 산업발전에 이바지함을 목적으로 하고 있다. 특허법의 목적을 달성하기 위하여 국가가 개인에게 독점배타적인 권리를 부여함에 따른, 자신의 기술을 공개함으로써 산업발전을 이루게 하는 사이클을 가진다. 그러한 사이클에서 외부로의 공개수단이 바로 공보가 된다. 공보는 초기에는 한정된 자원과 발간수단의 어려움으로 등록 이후에 요지가 공개되다가 공개로까지 확대가 되고, 기술수단과 예산의 증대에 맞추어 전문의 공개로 까지 확대되었다. 기술수준의 발전과 특허청의 노력으로 종이공보는 CD-Rom 공보로 발전하게 되었고, 세계 최초로 인터넷을 통한 공보의 발행도 하게 되었다. 우리나라 특허청의 정보화 수준이 세계적인 수준인 만큼, 인터넷을 통한 공보의 발간 역시도 세계적인 수준을 유지하기 위하여 노력하고 있다. 본 연구는 우리나라의 공보발간을 역사적 관점에서 시대별 특징을 확인하고, 주요국의 특징적인 공보의 체계를 분석하여 우리나라의 현재 공보제도 중 개선해야 할 부분을 검토하였다. 아울러 정보화 시대에 맞는 특허법 등의 체계 변화 부분을 분석함으로써 향후에 이와 관련한 기관들에서 참고할만한 기본 데이터를 정리한 것은 의미있는 작업이었다. 공보제도 발전방안으로 제안한 10가지 과제는 즉시 특허청 공보제도에서 적용 가능한 부분들이기 때문에, 적극적으로 검토할 필요성이 있다. 첫 번째 과제로 민원인 편의 제도로써 출원인의 정보를 정확하게 전달하는 소극적인 수준을 넘어서서, 출원인의 권리를 적극적으로 보호하고, 편의성을 높일 수 있는 방안으로 의미있는 방안이다. 두 번째 정보화에 따른 제도로써 종이 공보의 CD-Rom 공보시대에는 불가능했던 부분이 인터넷과 Web 이란 환경적인 변화 덕분에 가능해진 사안들이다. 3차원 입체 디자인 공보, 출원인에게 불편함을 들어주는 Family 정보의 제공, 중간저리 사항의 제공, 상표견본 이미지 도구를 특허, 실용신안, 디자인까지 확대 적용하는 것은 의미 있는 제안이다. 세 번째 국가 연구개발 활성화 관련 제도로는 선행 국가 연구개발 과제에 대한 코드화 관리를 통하여 국가 연구개발 선정 및 진행, 사후 전체과정을 특허라고 하는 하나의 지표로써 중복개발 방지, 연구개발 후 사업화의 가능성까지 열어주는 중요한 계기가 되는 제안이다. 또한, 출원인 대리인 코드 표기법의 통일화 필요성은 장기적으로 전체 표기법의 통일화는 추진할 필요는 있지만, 과제의 성격상 상당한 어려움이 따르기 때문에, 단기적으로 소니의 경우처럼 그러한 60개 코드는 하나의 소니라는 회사로 분류를 하는 중간의 매개 DB를 구축하여 관리하는 것도 하나의 방안이 될 것이다.

職務發明制度의 考察과 改善方案에 관한 硏究

김운석 忠南大學校 特許法務大學院 2006 국내석사

Today as living in the era of high-tech industry, core inventions are being developed mainly by enterprises or research institutes. The invention of employees in an organization is called job invention. The job invention is the key to managerial strategy for strengthening industrial competitiveness. From the viewpoints of enterprises and public administrative organizations, the job invention system contributes a lot to the industrial development, and it is expected to be vitalized. This study aims to analyze the laws on the job invention system systematically and to find its desirable operational and improving methods. This study examined related laws centering on the Patent Law and the Invention Promotion Law as well as the problems of Intellectual Property Right and Patent Right. It focused on the promotion of the national competitiveness by suggesting desirable solutions to the vitalization of the job invention system. In chapter 1, the purpose and scope of the study were described. In chapter 2, the basic concept and similar concept of the job invention, necessity of its legal protection, and general items on the relationship with right reversion were considered. In chapter 3, various regulations related with Korean job invention and other laws, conditions of job invention, the effects of job invention, the supporting system related with job invention, and the job invention system of advanced countries were considered generally. In chapter 4, various interpretational problems embedded within the job invention system were analyzed, and the management system and compensation system of the job invention were considered. I summarized the problems of the job invention system and then suggested the effective operational and improving methods for the system. Finally in chapter 5, the summary of this study and its limitation and its future research direction were described. It's an important matter whether job invention is being operated properly according to the economic and social conditions, and how related laws and institutions are reacting actively to the change of industrial environment. While the Patent Law is to encourage individual invention, the job invention system is to encourage the will of research and development for both employers and employees. So the systematic and unified independent law for the job invention system is necessitated. A draft of revised Invention Promotion Law which was noticed to be legislated in June, 2005, is expected to play a prominent role as a stepping stone for the independent law. In the major revised bill, report responsibility of the employees are reflected, and in reaction to that, notice of succession, succession of the right in case of co-invention, right compensation, compensation in case of withholding application, employers' responsibility of keeping secrecy have been newly reflected and established. For the vitalization of the job invention system of the employees of enterprises, such systems as reduction of tax and support of fund for example enterprises should be considered, and the settlement of the job invention system and the strengthening of the national competitiveness should be focused on.