특허권의 본질과 한계에 관한 연구

A Study on the Nature and the Limit of Patent

We can find the real nature of patent system in the permission the patent right to the inventer, promotion of use for the general public and contribution to the development of technology and industry. To accomplish patent system's object, Patent Law protects the inventer and also restricts the inventor's right for balancing both sides, inventer and public. We should open the invention technology and related technologies for promoting the public interests. From the point of view, we can also find the information-open duty clause in our Patent Law and the doctrine of inequitable conduct in the US Federal Regulation. These two legal doctrines or duties have the common purpose to promote the public interests and accord with the object of Patent Law and make the limit of the patent right. Between these two regulations, there are the differences and commons in the object, condition and effect. But these regulations aim the common object of patent system, and we should acknowledge of that. Therefore, we should understand these two legal doctrine within the object of patent system and apply the regulations for the development of patent legal system.