특허법상 조약우선권제도에 관한 고찰

• 영문명: A Study on the Right of Priority under the Paris Convention for the Protection of Industrial Property
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 박영규(Young-Gyu Park)
• 간행물 정보: 『비교사법』비교사법 제11권 2호, 627~658쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.01

영문 초록

The right to priority can only be claimed by the applicant of the priority application, or by a person to whom the right to priority has been transferred. This right can be transferred independently from the priority application itself, but it cannot be transferred to two different persons. The earlier application must be made in or for a State party to the Paris Convention. The earlier application may be for a patent or for the registration of a utility model or for a utility certificate or for an inventor's certificate. Any filing that is sufficient (under national law in the country where filed) to establish the date on which the application was filed, gives rise to a right to priority. It does not matter what the outcome of the application was. For example, it may subsequently be abandoned or refused or be deemed withdrawn for failure to pay any fee. The application claiming priority of an earlier application must relate to the same invention as the earlier application. The right of priority exists for any matter disclosed in the earlier application as a whole, not just for matter claimed in the earlier application. The application whose priority is claimed must be the first application in or for that State to disclose the subject matter in question. If there are two applications disclosing the same subject matter, priority from the second application may only be claimed if the first application has been withdrawn, abandoned or refused on the date the second application was filed. The first application may not have been open to public inspection or have left any rights outstanding. The first application may never have served and may not thereafter serve as a basis for claiming a right of priority. The first application must have been filed by the same applicant (inventors irrelevant) as the second application. To gain the benefit of priority, the applicant must file a declaration of priority. The declaration of priority shall state the date of the previous filing and the State in or for which it was made and shall indicate the file number. A priority claim is valid if the subject-matter of the claim can be derived directly and unambiguously from the disclosure of the invention in the priority document, when account is taken of any features implicit to a person skilled in the art in what is expressly mentioned in the document.

목차

Ⅰ. 개 요

Ⅱ. 파리조약에서의 조약우선권제도

Ⅲ. 조약우선권주장의 요건

Ⅳ. 결 론

참 고 문 헌

【ABSTRACT】