최적의 특허 존속기간에 관한 연구

• 영문명: An Empirical Study of the Optimal Patent Term
• 발행기관: 충북대학교 법학연구소
• 저자명: 이상미
• 간행물 정보: 『과학기술과 법』제14권 제1호, 83~113쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.06.30

영문 초록

Theoretically, the ideal term of a patent is to set up to expire when the social costs outweigh the benefits. However, given the decline in returns from patents over time and the discount rate of the annual patent value, a period of 20 years is actually quite a long time for the average inventor. In particular, considering that the product cycle in the high-tech industry is very short, it is doubtful whether the current long and uniform duration adequately reflects society's expectations, or whether the costs for access or transaction are excessively imposed. Many studies on finding the optimal patent term have discussed it as an economic point of view. Some have proposed an optimal patent policy through a combination of patent length and scope, while others have suggested adjusting the strength of patent protection through a single adjustment of the length. This paper attempts to approach this problem based on the latter. And when setting the optimal patent term, classification by industry(or by technical characteristics) should be premised. This is because, in fact, the cost of developing an invention and its benefits in terms of social welfare vary from field to field. This paper emphasizes the need to shorten the term of patents and grant differentiated terms for each category of patents, and proposes to realize these policies.

목차

Ⅰ. 서론

Ⅱ. 특허 존속기간의 역사

Ⅲ. 현행 특허 존속기간의 문제점

Ⅳ. 특허 존속기간에 관한 선행연구

Ⅴ. 분야별 특허 존속기간의 설정

Ⅵ. 결론

키워드

특허존속기간 특허수명 산업별특허정책 특허의 경제구조 특허정책설계 Patent Terms Patent Lifetimes Patent Policy by Industry The Economic Structure of Patent Design of Patent Systems