지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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Recently, some US patents are invalidated by Korean Intellectual Property Office or Courts. Sanopi Aventis case(2009) can be listed as one of those cases at issue. In this case, the interpretation of the "Transition Phase of Claim" was debated at the court. US Patent filed through PCT(Patent Cooperation Treaty) to Korea was invalidated by the Korean Supreme Court based upon the Korean Patent Law Art. 42(written description requirement).
Patent Court held valid that "consisting essentially of" as a transition phase under the context of Korean Patent Law Art. 42 as is the same case in US. However, Korean Supreme Court's understanding was somewhat different. "Consisting essentially of" is actually too vague for the persons' ordinary skilled in the art to interpret the exact meaning of the claim in the biotechnology area and considering the prosecution history of this claim at issue, Korean patent becomes more comprehensive that the US one in the course of national filing to Korea through PCT. In addition, the wording of Korean Patent Law Art. 42 is different from that of US. Specific feature of this case was main reasons of this Supreme Court case.
While, after this decision practitioners in Korea will not use "Consisting essentially of" type of transition any more due to the risks of being invalidated. KIPO has to present a more detailed guideline for clearing the misunderstanding regarding the transition phase.
목차
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참고문헌 (10)
참고문헌 신청
Christopher M. Holman / 2007 / Is Lilly Written Description a Paper Tiger: A Comprehensive Assessment of the Impact of Eli Lilly and Its Progeny in the Courts and PTO / Alb.
Donald S. Chisum / 2008 / Principles of Patent Law,In Case and Document Supplement With Technology Primer / Foundation Press
Janice M. Mueller / 1998 / The Evolving Application of the Written Description Requirement to Biotechnological Inventions / Berkeley Tech. L.J : 615 ~
John M. Romary / 1997 / Patent Claim Interpretation after Markman,In How The Federal Circuit Interprets Claims / Am. U. L. Rev : 1888 ~
Sean A. Passino / 2004 / Written Des cription Traps for Antibody Claims / J. Pat. & Trademark Off. Soc'y : 317 ~
Donald S. Chisum / 2008 / Principles of Patent Law,In Case and Document Supplement With Technology Primer / Foundation Press
Janice M. Mueller / 1998 / The Evolving Application of the Written Description Requirement to Biotechnological Inventions / Berkeley Tech. L.J : 615 ~
John M. Romary / 1997 / Patent Claim Interpretation after Markman,In How The Federal Circuit Interprets Claims / Am. U. L. Rev : 1888 ~
Sean A. Passino / 2004 / Written Des cription Traps for Antibody Claims / J. Pat. & Trademark Off. Soc'y : 317 ~
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