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- 저자 : 홍순칠 (검색결과 1 건)
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홍순칠 忠南大學校 特許法武大學院 2003 국내석사
The patent system is the legal grant of monopolized-exclusive right of execution during a given period, for those who opened their inventions therefor, to encourage technical developments and to promote industrial growth through the usage of patented technologies. For acquiring a patent right, an applicant should submit a document of application in the legally defined format, which should include detailed description, claims and drawings needed. Korean Patent Act Article 97 prescribes that the matter for which protection is sought shall be defined by 'claims'. So the protection range of an invention must be clearly written in claims to be strongly protected by the law. But there still remains the difference in interpreting claims under the legal process of confliction and according to those concerned such as applicants, examiners, judical officers, trespassers, executers. These are caused by the difference in point of views and the possibility of prior arts or evidence of nullity which may be found out additionally thereafter. Some clear and theoretical guideline for interpreting claims has been required to make it general and optimized. Historically 'Central Definition' and 'Peripheral Definition' were introduced first. 'All element rule' and 'principle of consideration of detailed explanation' were developed as general theories then. However, infringement could be claimed even if the accused product or process does not fall within the literal scope of the patent claims. Therefore, the Doctrine of Equivalents has been developed as a general topic in US and it attempts to balance protecting patentees ' exclusive rights and providing the public with notice on the limits of the patented scope. To bar extensive applications of the Doctrine of Equivalents, the Prosecution History Estoppel is to be accepted generally and more broadly. Recently the Korean Supreme Court has indicated clearly Doctrine of Equivalents at a patent suit case. So, the Doctrine of Equivalents is being discussed vigorously in Korean academic world. In this regard, judicial base for applying the Doctrine of Equivalents needs to be established in Korean Patent Law and the criteria on the interpretation of claims, which is suitable for Korean Patent Law and the Korean technological environment, should be formulated to prevent possible legal conflicts, to protect national industrial interests and to be adapted to the globalization of the patent system.
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