Earticle

초록

영어

A patentee may voluntarily request a correction to the description or drawing(s) of a patented invention including defect(s). The patentee may also request a correction to the description or drawing(s) of a patented invention during the courseof a patent invalidation trial or an opposition to the grant of a patent in order to solve the grounds for the invalidation or the opposition, or to clarify the scope of the patent. However, the scope of the invention can be modified by the corrections, which may cause unexpected damages to third parties because of the effect of the patent against a third party. Therefore, the extent of an allowable correction and the requirements of the request of the correctionare important. In the case where the correction and the invalidation of the patented invention are all being tried in parallel with the litigation trail of the infringement, the court for patent infringement litigation trial must investigate the possibility of invalidation of the patent right justly, and even further must investigate the litigation trial by predicting whether the correction to thespecification or drawings may be granted or not. Therefore, it becomes more difficult for the court to adjudicate the case. In particular, if there is a great possibility that the correction to the claims of the patented invention will be granted, it is not easy to dismiss the request of the plaintiff for the reason of right abuses. Rather, the court will have to adjudicate the case after suspending litigation trials and ascertaining the result of the trail for the correction. Accordingly, the patentee must prevent the request for the patent invalidation trial, clarify obscure parts associated with the third party's benefits, and prevent the third party's right from being unjustly infringed by the correction of the patented invention. That is, the correction of the patent should be permitted within a scope and under requirements such that it can contribute to the benefits of both the patentee and the third party.

목차

Ⅰ. 서언
 Ⅱ. 특허정정의 범위와 효력에 관한 법규의 검토
  1. 특허정정의 범위
  2. 특허정정의 요건
  3. 특허정정의 효력
 Ⅲ. 판례에 나타난 특허정정의 범위와 효력의 검토
  1. 특허청구범위의 감축여부
  2. 잘못된 기재의 정정여부
  3. 특허청구범위의 실질적 확장 또는 변경여부
  4. 정정후의 특허청구범위가 특허를 받을 수 있는지의 여부
  5. 특허정정의 효력이 미치는 범위
 Ⅳ. 결어
 참고문헌
 Abstract

키워드

특허정정 수치한정 상위개념 하위개념 특허무효사유 오기정정 Commissioner of KIPO numeral limitation upper concept lower concept reasons for patent invalidation correction of misspelling

저자

• 권태복 [ Kwon, Taebok ]

참고문헌

발행기관

간행물