의료방법의 특허권으로써의 보호문제

• 영문명: Patent Protection for Medical Method -At Comparative perspective with German Law-
• 발행기관: 세창출판사
• 저자명: 조현래(Hyun-lae Cho) 윤석찬(Seok-Chan Yoon)
• 간행물 정보: 『창작과 권리』2009년 가을호 (제56호), 33~52쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.09.01

영문 초록

Nonetheless, the patent application about the invention in medical field has been greatly increased nowadays, the invention on Medical Method cannot be patented in Korean patent practice. Korean Intellectual Property Office and Courts have had negative stands against the patent protection on the invention related to Medical Method because Medical Method lacks patent requirement such as industrial applicability. In Comparative perspective with German, the German Federal Supreme Court did not permit patent protection to the invention of Medical Method according to a judgment in 1967, but the Court partially admitted patent protection to the invention of Medical Method on and after a judgement in 1977. As the advantage of patent protection is to encourage technology in that protected field, it is desirable that we should consider how to protect the invention on Medical Method and what invention in Medical Method can be protected for positive R&D investment on Medical Method. Under these circumstances, this article conclude that the invention of Medical Method should be basically protected by patent according to present patent law because the present patent law should not have any special provisions that particularly prohibit the invention of Medical Method, but in order to prevent infringing public interest, it is necessary that some Medical Method such as a surgery activity with emergency should not be patented for exception.

목차

Ⅰ. 들어가는 말

Ⅱ. 의료영역에서의 특허권의 허용여부

Ⅲ. 의료방법에 대한 특허권 인정의 찬반논거

Ⅳ. 의료방법에 대한 특허권 인정과 그 범위

Ⅴ. 유전공학발명과 특허권 인정여부

Ⅵ. 맺음말

참고문헌

Abstract

키워드

의료방법 특허 의료행위 수술행위 특허보호 산업상이용가능성 medical method surgery activity patent patent protection industrial applicablity