미국특허법 제271조(f)의 역외적용에 관한 제요건

General Requirement Regarding the Extraterritorial application of US Patent Law 271(f) -On the basis of decisions of US Supreme Court-

US Patent Law 271(f)(1) and (2) have provisions applying the US Patent Law on the basis of acts applicable in a country other than US. Recent precedents in extraterritorial application of lawsuit will be examined. Microsoft Inc. supplies a foreign computer manufacturer with Windows software including a speech coder which is a patented invention, in the form of a "golden master disk" or in the form of an electronic transmission". That is, Microsoft Inc. supplies a foreign computer manufacturer with a "master version" needing an additional step to install the software on a computer, and the foreigncomputer manufacturer made a copy of the Windows software by the additional step using the supplied "master version, and used the same in a computer. CAFC considered the "master version" to be a "component" of a patented invention supplied from the US and to be an infringement, but the US Supreme Court rejected the decision of CAFC. This paper examines the general requirements regarding the extraterritorial application of US Patent Law 271(f) shown in decisions of the US Supreme Court which do not concur with the orientation of decisions made to date by CAFC to date.