특허법원의 관할집중: 미국연방관할항소법원(CAFC) 30년 경험의 시사점

Currently the Korean government is more than ever seriously and positively considering the idea to consolidate the patent infringement case appeal jurisdiction into the Korea Patent Court. In discussing such jurisdiction consolidation, it will be worthwhile to analyze thirty year experiences of the U.S. Court of Appeals for the Federal Circuit (CAFC), which in 1982 achieved the same consolidation. There have been a few Korean articles which evaluated success or failure of CAFC. However they were presumed to be biased because of writers’ background or organization. Therefore, this paper randomly selects 24 recent U.S. articles which evaluate CAFC. Objectively analyzing the 24 articles, and then the author of this paper concludes: (1) none of the 24 article define CAFC as a failure, (2) some articles criticize formalism of CAFC, (3) the jurisdiction consolidation of the Korea Patent Court could be more successful than that of CAFC, (4) jurisdiction consolidation on the 1st instance level is also necessary, (5) the success of the expanded Korea Patent Court will much depend on expertise of judges.