의료방법의 특허권으로써의 보호문제

Patent Protection for Medical Method -At Comparative perspective with German Law-

Nonetheless, the patent application about the invention in medical field has been greatly increased nowadays, the invention on Medical Method cannot be patented in Korean patent practice. Korean Intellectual Property Office and Courts have had negative stands against the patent protection on the invention related to Medical Method because Medical Method lacks patent requirement such as industrial applicability. In Comparative perspective with German, the German Federal Supreme Court did not permit patent protection to the invention of Medical Method according to a judgment in 1967, but the Court partially admitted patent protection to the invention of Medical Method on and after a judgement in 1977. As the advantage of patent protection is to encourage technology in that protected field, it is desirable that we should consider how to protect the invention on Medical Method and what invention in Medical Method can be protected for positive R&D investment on Medical Method. Under these circumstances, this article conclude that the invention of Medical Method should be basically protected by patent according to present patent law because the present patent law should not have any special provisions that particularly prohibit the invention of Medical Method, but in order to prevent infringing public interest, it is necessary that some Medical Method such as a surgery activity with emergency should not be patented for exception.