발명의 국제적 보호방법의 변천과 시사점 (Changes in International Protection for Inventions and Their Implications)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 33호 / 123 ~ 142페이지
· 저자명 : 권인희

초록

In the rise of international patent applications, treaties related to international patent applications are investigated to observe procedural changes. Therefore, the articles of treaties which regulate procedures of international applications are discussed in the paper. Treaties mentioned are Paris Convention, Patent Cooperation Treaty, and Patent Law Treaty. As time passed, procedures for international patent applications evolved into be user friendly. Applicants can file applications for several countries simultaneously using single uniform format. In addition, World Intellectual Property Organization guides the harmonization of substantial patent laws such as patentability and subject matters. However, it may be necessary to consider that the harmonization of patent laws is not recommendable. Patent system is designed to enhance industrial development of the nation by encouraging inventors to create and disclose their inventions in the exchange of exclusive rights for their inventions. Therefore, each nation employs its own patent law which is individualized to reflect the nation's industrial characteristics. Bilateral cooperation such as Patent Prosecution Highway may be advisable as international collaboration instead. Patent Prosecution Highway accelerates examination by using the result of an prior examination and raises the quality of the examination in the end. It must be emphasized that Patent Prosecution Highway does not replace the nation's own examination, resulting in no effect on the exercise of the national sovereign right.

영어초록

In the rise of international patent applications, treaties related to international patent applications are investigated to observe procedural changes. Therefore, the articles of treaties which regulate procedures of international applications are discussed in the paper. Treaties mentioned are Paris Convention, Patent Cooperation Treaty, and Patent Law Treaty. As time passed, procedures for international patent applications evolved into be user friendly. Applicants can file applications for several countries simultaneously using single uniform format. In addition, World Intellectual Property Organization guides the harmonization of substantial patent laws such as patentability and subject matters. However, it may be necessary to consider that the harmonization of patent laws is not recommendable. Patent system is designed to enhance industrial development of the nation by encouraging inventors to create and disclose their inventions in the exchange of exclusive rights for their inventions. Therefore, each nation employs its own patent law which is individualized to reflect the nation's industrial characteristics. Bilateral cooperation such as Patent Prosecution Highway may be advisable as international collaboration instead. Patent Prosecution Highway accelerates examination by using the result of an prior examination and raises the quality of the examination in the end. It must be emphasized that Patent Prosecution Highway does not replace the nation's own examination, resulting in no effect on the exercise of the national sovereign right.

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