미국특허 재발행을 통한 권리범위확장에 관한 소고

• 영문명: A study on broadening protective scope of U.S. Patents by reissue application
• 발행기관: 세창출판사
• 저자명: 전준형(Joonhyung JUN)
• 간행물 정보: 『창작과 권리』2017년 가을호 (제88호), 21~39쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.09.30

영문 초록

A reissue application can be filed at the U.S. Patent Office when an issued patent, through error, is considered to be inoperative or invalid, and thus the reissue is utilized to correct substantive errors, not just typographic errors. While there are many countries or jurisdictions which allow the originally-issued patents to be corrected, it should be noted the U.S. Patent Law even allows the orignal protective scope of originally-issued patents to be broadened by the reissue application. In order to broaden the orignal protective scope of patents, any reissue application must be filed within two years from the grant of the original patent. Also, any broadening reissue application will not be granted to ‘recapture’ claimed subject matter which was surrendered in an application to obtain the original patent. The ‘recapture’ is a limit regulated in the statute, and the recapture rule or doctrine arises when an applicant for reissue attempts to obtain broader claims which have the same scope or a scope larger than claims cancelled or surrendered during prosecution of the original application. Since the reissue of the U.S. Patent Law has many unique characteristics, it is meaningful to study and review the relevant statutes and recent developments of case laws.

목차

Ⅰ. 서 론

Ⅱ. 재발행출원의 기본요건

Ⅲ. 권리범위를 확장하는 재발행출원의 특유요건

Ⅳ. 재발행출원의 진행

Ⅴ. 결 론

키워드

특허법 재발행 재발행출원 회복 중용권 오류 권리범위확장 patent law reissue reissue application recapture intervening right error broadening scope of claims