Earticle

초록

영어

The Paris Convention for the Protection of Industrial Property was concluded in 1883 and is the first treaty for the international intellectual property system as we know it today. Under the Paris Convention, the inventor who wanted to obtain a world wide protection, or at least protection in a significant number of territories, had to deal with the patent offices of some countries only. All technical development and the computer science progress of the second part of 20th century make both the national application and the international application surprisingly increase, in order to protect their inventions. For filing international patent application with easy, the Patent Cooperation Treaty(PCT) concluded in 1970, makes it possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing an international patent application. Under these two treaties, national and international patent application have regarded as the increased expenditure of time and money that results from the formal requirements and the various patentablity of their own laws. In the light of the harmonization of patent law, the Patent law Treaty(hereinafter PLT) which was concluded in June 2000 simplifies and streamlines procedures obtaining and maintaining a patent on a world wide basis. The main purpose of this Treaty is to make the patent laws of Contracting Countries revise for the harmonization to file a patent application more efficient, less costly and less time- consuming. This article focuses on the patent law harmonization and its adoption into Korean Patent law, in particular Article 5 of PLT(the filing date). Initially, this briefly introduces and touches upon the PLT and Substantive Patent Law Treaty(SPLT) which overview WIPO's patent harmonization on a worldwide level. Secondly, this describes that the filing date of PLT which is considered as the cornerstone of the treaty, is the basis of very simple requirements and maximum formalities requirements. And the work to adopt the filing date into Korean Patent Act is for the implementation of PLT based on the streamline and the harmonization over the world. Thirdly, this article concludes with a summary of possible future activities related to the PLT, SPLT and PCT(included the Reform of PCT) for harmonization of patent laws, and make a suggestion for our Patent Act which reflects upon these international activities.

목차

I. 서언
 II. 특허법 조약 제 5조: 출원일 설정 (filing date)에 관한 내용
  1. 개설
  2. 출원일 (Filing date) 설정에 관한 조약 내용
 III. 특허법조약 제 5조의 수용에 관한 현행법의 관련내용 검토
  1. 개설
  2. 현행법상 특허출원일의 수용에 따른 규정 검토
 IV. 출원일 설정과 관련된 특허실체법의 논의내용
  1. 개설
  2. 특허실체법 논의중 출원일 설정과 관련된 논의대상
 V. 결어
 참고문헌
 Abstract

키워드

특허출원일 출원일 설정 유예기간 특허실체법 특허절차법 파리조약 특허법조약 특허협력조약 Patent Harmonization SCP WIPO PLT SPLT

저자

• 배대헌 [ Bae, Dae-Heon | 계명대학교 법학과 교수, 법학박사 ]

참고문헌

발행기관

간행물