Earticle

초록

영어

When filing a patent application for an invention relating to biological materials including microorganisms, the applicant is obligated by law to deposit the relevant material or microorganism at an institution designated by the Patent Office Commissioner, in principle, in order for the specification to meet the disclosure requirement as well as for third parties to have access to samples of the biological materials. Concerning this, the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure is an international treaty signed in Hungary on the 28th of April, 1977. The treaty came into force on August 9, 1980. This treaty is commonly known as the Budapest Treaty. The Treaty makes the patent system of the contracting state more attractive because it is beneficial to the depositor if s/he is an applicant for patents in several contracting states. The deposit of a microorganism following the procedures in the treaty will save money of the depositor. It also helps in increasing the security. With the recent development of the biotechnological industry, however, the patent deposit system of a biological material has been criticized as having not completely responded to the changes in the circumstances of the times, and improvements are required both in terms of the system and related regulations. The Current Korea Patent law, related regulations and rules don't enough reflect the Budapest Treaty, therefore, the related procedures are unclear. In this research and study, based on the analysis of the Budapest Treaty and the law relevant to the deposit of biological materials in the patent procedure in he United States, European Union and Japan, we propose an ideal legal improvement of the patent deposit system for biological materials in Korea.

목차

I. 서론
 II. 부다페스트 조약
  1. 부다페스트 조약의 성립배경 및 취지
  2. 부다페스트 조약의 구성 및 주요내용
 III. 국내 특허절차상 생물학적 물질 기탁제도 관련 법규
  1. 특허법상 관련 규정
  2. 특허법 시행령 및 시행규칙상 관련 조항
  3. 생물학적 물질 관련 출원 심사실무
  4. 관련 판례
  5. 미생물 기탁기관 지정 등에 관한 고시
  6. 소결
 IV. 해외 주요국의 특허절차상 생물학적 물질 기탁 제도 관련 법규
  1. 미국
  2. 유럽연합
  3. 일본
 V. 결론
 참고문헌
 

키워드

특허미생물 특허미생물 기탁제도 생물학적 물질 부다페스트 조약 국제기탁기관 명세서 기재 반복재현성 발명공개 미생물 분양 미생물발명 생명공학발명 patent microorganism patent microorganism deposit system biological material Budapest Treaty International Depositary Authority (IDA) patent specification repeatability of the invention disclosure of the invention furnishing of microorganism microorganism invention Biological invention

저자

• 심미랑 [ Shim, Mi-Rang | 한국지식재산연구원 부연구위원, 법학박사. ]
• 장태미 [ Jang, Tae-Mi | 한국지식재산연구원 전문연구원, 성균관대학교 법학과 박사과정 ]

참고문헌

발행기관

간행물