산업경쟁력 강화를 위한 특허제도의 개선에 관한 연구

Studies on improving patent system in Korea for preventing high-end technology drainage and enhancing industrial competitiveness -Focused on induction of provisional application system-

The main purpose of this paper is to grope schemes to improve patent system, which can prevent effusion of high-end technology by reforming the current patent application system, to propertize outputs of corporations' research and development real time, and to consolidate industrial competitiveness in Korea. It has been increasingly emphasized the importance of intellectual property activities, for they are closely related with enhancement of national wealth. But we are recently facing the phenomenon that our advanced technologies are being drained abroad, and greatly damaging our national wealth. Therefore we think it is a better counter plan as patent policy, to loosen formal requisites of the existing patent application and to make it easier to get the priority patent application dates, for the purpose to prevent national harm caused by flow out of pioneering technology, and to promote intellectual property activities in Korea. For those purposes, here we have examined the necessities to invite the provisional application system of U.S.A. into Korea and researched for its inducing programs. We see it is desirable to define the specification's requisites in provisional application system, based on provisional specifications (including claims, and drawings) system of England, so that it can function as fair base to regular (provisional) application. If we introduce this system into our existing patent system, we cannot avoid conflicts and competitions with the current domestic priority system of patent law in Korean. To solve this problem, we are to amend the operative patent law to abolish periodical limit of one year on claiming domestic priority, and to alter the starting dates of patent duration period into the priority patent application date.