Earticle

초록

영어

The creation is protected by Patent system and Copyright system. There are the Patent approach to protect ideas and the Copyright approach to protect expression. But the Patent system protects only the embodied idea, and requires huge social cost. On the other hand, the embodied idea would be classified by two factors. One factor is how difficult to perform the reverse analysis and the other is weather it is possible determining the embodied idea has inventive step or not. In order to maximize the effectiveness of the Patent system, I suggest that the subject matter of Patents should be focused on the embodied idea that has the inventive step with difficulty in analyzing reverse. To grade incentive upon such point, the Utility Model System can be effectively applied by re- establishing the relationship with the Patent Act and the position as the idea protection law.

목차

I. 서
 II. 특허제도의 특징적 요소
  1. 보호대상
  2. 보호요건
  3. 특허권의 성질
 III. 특허제도에 적합한 보호대상
 IV. 실용신안제도의 새로운 역할
 V. 결
 參考文獻
 Abstract

키워드

특허권 진보성 비자명성 개시 요건 기술 확산 역분석 실용신안제도 Patent inventive step non-obviousness requirements of disclosure technical innovation reverse analysis Utility Model System

저자

• 申宰昊 [ 신재호 | 法學博士, 日本 知的財産硏究所 招體硏究員. ]

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