Earticle

초록

영어

The applicant in the international filing can amend claims according to Article 19 of the PCT Regulation after receiving the International Search Report, and can amend specification, claims and drawings according to Article 34 of the PCT Regulation during the international preliminary examination. The amendment according to Article 19 and Article 34 can be within the scope described in specification, claims and drawings filed on the international filing date. Although the amendment against the scope of amendment may not incur specific problem in the international phase, the opinion would be issued to give a change for the applicant to submit written argument and written amendment in the international preliminary examination. The translations of the original publication and written amendment are submitted in entry of national phase and the Examiner of the designated country will examine on the basis of the translations. If new matter would be added in the amendment of international phase, the examination is not performed to apply Article 19 or 34 of PCT Regulation, but performed to apply Article 204, Article 205, Article 208 and Para 2 of Article 47 of the Korean Patent Law. The Examiner would not examine on the basis of the original publication but examine on the basis of the translation. Although the original publication and the translation are not consistent, there is no responsibility to confirm whether or not the content which is not described in specification, claims and drawings submitted on the international filing date defined in PCT is added in the content of amendment. Accordingly the international application violating the range of the amendment can be allowed to be patented, and there has a problem in that the patent would be invalidated thereafter. For solving such a problem, it is needed to describe the provision obligatorily confirming the original publication and the translation to decide whether or not the new matter is added, in the Patent Law.

목차

I. 서론
 II. PCT 보정시기와 보정범위
  1. 국제조사후의 보정범위
  2. 국제예비심사단계에서의 보정
 III. PCT 보정범위의 판단기준 정립방안
  1. 제19조ㆍ제34조 보정범위의 적법성 판단
  2. 국내단계(2015.1.1.시행법)에서의 보정범위의 적법성 판단
  3. 보정범위의 판단기준 정립방안
 Ⅳ. PCT 보정범위와 특허무효의 판단기준
  1. 보정범위와 특허무효의 관계
  2. 원문과 국어번역문의 불일치 문제
  3. 보정범위와 무효판단기준의 정립방안
 Ⅴ. 결론
 참고문헌
 

키워드

국제출원 원문 번역문 국제조사 국제예비심사 견해서 International filing the original publication the translation International Search International Preliminary Examination written opinion.

저자

• 권태복 [ Kwon, Tae-Bok | 광운대학교 법과대학 교수. ]

참고문헌

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