e비즈니스와 특허법 - 기업의 기술과 정보의 보호대책을 중심으로 -

Since current Korean patent law was enacted in 1961, it has been revised several times, mainly for the purpose of international harmonization. Recently the Korean government stresses the importance of pro-patent policies, i.e., strengthening intellectual property right in order to stimulate business innovation and to regain international competitiveness. It is found that increases in patent application in the late 1990's are attributed to a surge of IT patents, e-business method patenting were already more than an item of curiosity; this was particularly the case in terms of patent-eligibility of new technologies and pioneer attempts to craft claims and gain what their drafters hope will be valid patent protection. The focus today has shifted more toward the creation of a practical patent portfolio that will provide enforceable and marketable intellectual property rights. Recent and dramatic improvements in the patent enforcement regime in Korea have placed a global spotlight squarely on Seoul. Because of the continued comparative interest in patent-eligibility for new technologies, the opening portion of this paper treats the question of precisely which technologies are eligible for patent protection, assuming that what is claimed is both novel and nonobvious. A new level of consideration focuses more on the type of claims that will be enforceable, particularly with a focus on e-business methods. Finally, it matters little if claims are valid and enforceable, particularly if the wait for a decision extends beyond the cash burn life of a startup that so heavily relies on intellectual property protection. Parties with multinational interests in global intellectual property rights will now have to pay greater attention to their Korean rights. This paper assesses the impact of series of revisions of Korean patent system on firm's innovation activities.