국가핵심기술의 수출규제보상에 관한 특허법적 연구

To protect illegal leaking to overseas of the national core technologies, the "Industrial Technology Leaking Prevention and Protection Law(ITLPPL)" has been established in April 27, 2007, and the national core technologies have been officially announced and designated totally 40 technologies which would be taken place non-benefit in national security and people economic progress if they were leaked to overseas. However, regardless of establishing of regulations for restriction of export for the national core technologies, the compensation based on the restriction of export has not showed on the ITLPPL. This thesis is studying the compensation based on the restriction of export for the national core technologies adopting present Patent Law. In the Patent Law, if an applied invention is related to the national defense, the application should be belong to the Ministry of National Defense with compensation for the applicant under patent law section 41. Therefore, in the same technical field of the national defense, the compensation caused by the export restriction of the national core technologies could be adoptable to the patent law if the national core technologies should be applied to patent or utility model prior to export or even to open.