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학술논문글로벌경영학회지2011.03 발행KCI 피인용 1

A Study on the Importance of the Patent Instruction & Legal Procedure

A Study on the Importance of the Patent Instruction & Legal Procedure

윤덕병(동명대학교)

8권 1호, 275~289쪽

초록

A patent refers to the exclusive rights granted to the inventor of a new product, method, or process and is one of the primary rights under the umbrella of intellectual property. The rights are procured through a 3-step process - application, examination, and registration - and for the duration of time set by law, the owner of the patent can prevent and exclude others from making,using, and selling the invention.(Frank H. Foster, 1993) * Filing Requirements:(1) Full particulars of applicant(s) and inventor(s);(2) Specification, claims, abstract, and drawings(if any) in original language;(3) Priority data including filing date, application number, country name, if priority is claimed;(4) Certified copy of a priority application, if priority is claimed;and (5) A simply signed Power of Attorney. If the examiner cannot find a reason to refuse the application, the examiner's office sends a notice of the patent decision to the applicant, and once the registration fee is paid, the patent becomes active due to the already-established registration. The patent fee (1-3 years' worth) must be paid within 3 months from the day the applicant receives the copy of the patent decision. Patent rights can be enforced via both criminal and civil channels. Patent projects and relating researchers,as well as the related parties of a corporation must eliminate the passive and imitational attitude, and harbor the determination and conduct to establish the result of research as a <technological product>that possesses high asset value. Also, corporations and universities must regularly conduct patent education for all employees and students, to fulfill the crucial role of establishing the lifestyle of patent minds and motivating the development of groundbreaking <technological products> with high asset value, produced by the idea and creative proposals acquired by anyone in their ordinary lives.

Abstract

A patent refers to the exclusive rights granted to the inventor of a new product, method, or process and is one of the primary rights under the umbrella of intellectual property. The rights are procured through a 3-step process - application, examination, and registration - and for the duration of time set by law, the owner of the patent can prevent and exclude others from making,using, and selling the invention.(Frank H. Foster, 1993) * Filing Requirements:(1) Full particulars of applicant(s) and inventor(s);(2) Specification, claims, abstract, and drawings(if any) in original language;(3) Priority data including filing date, application number, country name, if priority is claimed;(4) Certified copy of a priority application, if priority is claimed;and (5) A simply signed Power of Attorney. If the examiner cannot find a reason to refuse the application, the examiner's office sends a notice of the patent decision to the applicant, and once the registration fee is paid, the patent becomes active due to the already-established registration. The patent fee (1-3 years' worth) must be paid within 3 months from the day the applicant receives the copy of the patent decision. Patent rights can be enforced via both criminal and civil channels. Patent projects and relating researchers,as well as the related parties of a corporation must eliminate the passive and imitational attitude, and harbor the determination and conduct to establish the result of research as a <technological product>that possesses high asset value. Also, corporations and universities must regularly conduct patent education for all employees and students, to fulfill the crucial role of establishing the lifestyle of patent minds and motivating the development of groundbreaking <technological products> with high asset value, produced by the idea and creative proposals acquired by anyone in their ordinary lives.

발행기관:
글로벌경영학회
DOI:
http://dx.doi.org/10.17092/jibr.2011.8.1.275
분류:
경영교육

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A Study on the Importance of the Patent Instruction & Legal Procedure | 글로벌경영학회지 2011 | AskLaw | 애스크로 AI