Earticle

초록

영어

The information offer system became nominal and public inspection of patent applications weakened as the number of patents granted without laying open to the public increased due to the fast first office action of Korean Intellectual Property Office (KIPO). Although a patent examiner tries to examine the applications with no errors, it is not easy to do perfect examination, which results in granting non-immaculate patents. Defective patents are very apt to lead to a big patent dispute, so urgent legislation is required to reduce the possibility of the disputes in this situation. KIPO has the trial for invalidation of a patent to cancel non-immaculate patents, but its processing fee is relatively high and it takes much time to see the results of the trial. Therefore, a new dispute settlement system needs to be introduced to make sure for anybody to confirm the patentability in a faster and cheaper way. Opposition is an administrative process available under the patent law which allows the third parties with doubt on the patentability to request a reexamination of a patent within a certain period after registration. If the opposition of KIPO, merged into the trial for invalidation in 2006, is reformed after reviewing foreign patent laws so as to meet the industrial needs and to fit the industrial settings, it must be one of the best alternatives to restore the function of public inspection of a patent application to its original state. When considering similar foreign opposition systems, United States Patent and Trademark Office (USPTO) has reexamination processes in which Patent Trial and Appeal Board deals with the cases and there is a certain condition for the examiner to start reviewing the cases. Moreover, USPTO has multiple types of reexamination in a parallel manner so that the third parties could use the reexaminations according to their circumstances. Japan Patent Office (JPO) introduced a new opposition system in which a panel of trial examiners deals with the cases only by documentary processing and the panel starts examination ex office as needed, which results in increasing fairness of the patent opposition system. Furthermore, the JPO’s new opposition system makes it possible for the third parties to rapidly confirm the validity of a patent. The new dispute settlement system of KIPO might be an patent opposition in which anybody with doubt on the patentability can request a reexamination within 6 months after granting the patent, wherein the ground of opposition is only raised under novelty and inventive step based on prior art consisting of printed publications, which guarantees fast processing and fairness. Also, it is reasonable that a panel of trial examiners deals with the opposition cases so as to reduce work load of KIPO and guarantee low processing cost.

목차

I. 서론
 II. 종전 특허이의신청제도
  1. 종전 특허이의신청제도의 의의 및 연혁
  2. 종전 특허이의신청제도의 주요 내용
 Ⅲ. 외국특허청의 유사 제도 도입예
  1. 미국특허청의 재심사제도
  2. 일본특허청의 특허이의신청제도
 Ⅳ. 특허이의신청제도의 재도입 방안
  1. 신규 제도의 도입 방향
  2. 신규 제도의 도입 방안
 Ⅴ. 결론
 참고문헌
 

키워드

저자

• 지선구 [ Chee, Seon-Koo | 인하대학교 미래융합교육원 지식재산교육센터 지식재산 전담교수. ]

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