Earticle

초록

영어

Recent legislation and patent policies have a tendency to give strong protection to inventors broadening patent subject matters and strengthening patent rights. Research tool protection may be one good example reflected such a tendency. This article reviews issues surrounding research tools such as the definition, nature and patentability of research tools and justification of research tool patent. Research tools are broadly defined as the full range of resources that scientists use in the laboratory. However, research tools can be end products for research tool providers. That is, research tools are means to achieve research goals for users but are end products for providers. In protecting research tools under patent law, the first hurdle is whether they are patent subject matters. However, actually this is not an obstacle for patent protection subsequent to Diamond v. Chakrabarty where the Court find anything on earth to be patent subject matters. Even after Chakrabarty, research tools meet one obstacle for patent, utility requirement. U.S. PTO guidelines for examining utility and court decisions require the applicant to establish for the invention “specific and substantial utility that is credible. ” Accordingly, it is not enough for the applicant to prove that utilities of the invention are research intermediates, tools for further research and not the final product of any research effort. Even if research tools satisfy patent requirements, research tool patents are not always justified under patent law. Without research tool patent, research can be more competitive but less incentive is given to inventors. On the other hand, research tool patents make research controlled by tool patent holders. When inventors’ private interests are balanced with public interests in society, patent protection of research tools can be justifiable. The study on research tools is on the early stage. Despite that, because research tools deeply influence the development of research, international organizations and each country are making the policies of research tools which are carried into effect as a form of the guideline or directive.

목차

Ⅰ. 서론
 Ⅱ. 리서치툴 특허의 정의
 Ⅲ. 리서치툴 특허의 유형
 Ⅳ. 리서치툴의 특허성
  1. 초기 유용성 판단기준
  2. 이후의 유용성 판단기준
 Ⅴ. 리서치툴 보호의 정당성
  1. 특허보호의 목적
  2. 리서치툴 보호의 정당성
 Ⅵ. 리서치툴 특허에 수반되는 문제점들
  1. 자유로운 유통의 제한
  2. FTO 조사의 필요
  3. 라이선스 범위 판단
  4. 생명과학분야의 연구
 Ⅶ. 국제ㆍ국내적 정책의 필요성
  1. OECD의 가이드라인
  2. 일본의 리서치툴 가이드라인
  3. 우리나라
 Ⅷ. 결론
 참고문헌
 ABSTRACT

키워드

저자

• 육소영 [ Yook, Soyoung | 충남대학교 법학전문대학원 부교수 ]

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