신규성 의제에 관한 고찰

• 영문명: Grace Period in the Korean and International Patent Law
• 발행기관: 세창출판사
• 저자명: 박영규(Young-Gyu Park)
• 간행물 정보: 『창작과 권리』2008년 봄호 (제50호), 22~53쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.03.01

영문 초록

Whether a given invention fulfills the patentability criteria of novelty and inventive step(non-obviousness) depends on the prior art to be taken into account as yardstick when these patentability requirements are under examination. Despite the enormous progress in patent law harmonization, which culminated in 1994 in the adoption of the Agreement on Trade Related Aspects of Intellectual Property Rights, in which mandatory standards as regards the subject matter eligible for patent protections, as well as the contents and duration of the patent right have been established for all Members of the World Trade Organization, the definition of the notion of the relevant prior art remained at discretion of each Member. Whereas under the law of the United States of America, Republic of Korea disclosures of the inventor, which occurred within certain time limits, i.e. one year, or six months, respectively(the so-called grace period), prior to the filing of patent application do not affect the patentability of inventions for which patent protection is sought, they do so under the European Patent Law. The grace period rule for equity reasons is aimed at protecting the inventor against disadvantages which otherwise would result from an early disclosure of the invention. For equity reasons no difference may be made between disclosures of the inventor and disclosures of his invention by third parties against his will. The description or use at hand do not necessarily have to contain a complete disclosure of the invention, since the grace period do not establish a priority date but only resulted in an immunity of the inventor against his own prior disclosure as far as the relevant state of the art for his application is at hand.

목차

Ⅰ. 서론

Ⅱ. 신규성 의제에 관한 국제적 논의

Ⅲ. 신규성 의제의 적용요건

Ⅳ. 결론

참고문헌

Abstract

키워드

특허성 신규성 의제 특허제도의 통일화 선행기술 발명의 공개 patentability grace period harmonization prior to the filing disclosure description use