Earticle

초록

영어

Whether a patent of a computer program is recognized has long been discussed. As of now, the number of patents of computer programs including business method related inventions is on the gradual rise. These days, the criteria of recognizing patentability of computer program inventions have been discussing constantly. Since State Street Bank case in 1998, it has been easy to grant patent right for business method related inventions. Along with that, there has been criticism that the number of bad patents increased. As a result, as shown in Bilski v. Kappos case, there has been action of enhancing the patents of business methods. In the process, on Jun. 19, 2014, in the case of Alice v. CLS, the US Supreme Court unanimously decided that the patent of software being regarded as an ‛abstract idea’ was invalid. It was the first significant Supreme Court decision on patentability of a business method related invention since the Bilski case decision. Therefore, the case may be able to present a critical criterium to judge patentability of a business method related invention. In Korea, recently, it is clarified that software is a subject of a patent, and it is revealed that the claim of a computer program fulfilling the required conditions of patentability of an invention is given the patent as an object under the Patent Act. Thanks to the expansion of the claim, the possibility of granting patent right to software is high. However, there are always concerns over bad patents. For the reason, what matters is how to determine the conditions of patentability and decision criteria. Given the current trend of cases, it is considered that it will be difficult to grant patent right to a simple work processing method or business method. It is predicted that such a trend can contribute to settling the controversy of low-quality patents which has constantly been raised, and furthermore can control patent troll which take advantage of software patents. Although the criteria of patentability of software inventions are prepared well, the criteria of the freshness and inventiveness in terms of technical factors are not clarified. Therefore, it is necessary to continue to make additional discussions of the issue.

목차

I. 서론
 II. 영업방법발명에 관한 종래 미국 판례의 입장
  1. 영업방법발명에 대한 판례의 흐름
  2. Bilski 판결에서 도입된 새로운 판단기준
  3. Bilski 판결 이후 영업방법발명의 특허 동향
 Ⅲ. Alice v. CLS case의 검토
  1. 사건개요
  2. 지방법원 및 CAFC의 판결분석
  3. 미국연방대법원의 판결분석
  4. 소결
 Ⅳ. CLS 판결을 통해서 본 영업방법발명의 특허성 인정기준
  1. 발명의 정의규정과 성립성 인정
  2. 발명의 성립성 인정기준의 정립방안
  3. 신규성ㆍ진보성의 엄격한 판단에 의한 특허성 인정기준
 Ⅴ. 결
 참고문헌
 

키워드

저자

• 전정화 [ Jeon, Jeong-hwa | 광운대학교 일반대학원 법학과 박사수료. ]
• 권태복 [ Kwon, Tae-bok | 광운대학교 법과대학 교수 ] 교신저자

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  산업재산권 [Journal of Industrial Property]

• 간기

  계간

• pISSN

  1598-6055

• eISSN

  2733-9483

• 수록기간

  1995~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 367 DDC 346