모인출원에서의 정당한 권리자의 이전청구에 관한 연구

A patent application by an unauthorised applicant may endamage a true inventor. So many countries have rules and regulations regarding remedies for the true inventor. The true Inventor’s request for assignment among several remedies for the true inventor is the most appropriate measures. German patent law and the revised Japan patent law in 2011 have admitted the true Inventor’s request for assignment. Meanwhile, the revised American patent law in 2011(The Leahy-Smith America Invents Act, AIA) provides “Derivation proceedings.” An applicant for patent may file a petition to institute a derivation proceeding in the Office. The petition shall set forth the basis for finding that an earlier applicant as the inventor derived such invention from an the petitioner's application as the inventor and, without authorization the earlier application claiming such invention was filed. But Korea patent law does not admit the true Inventor’s request for assignment yet. It lacks proper protection for him. I think that the remedy is needed for the true inventor necessarily and hope for the introduction of the remedy under patent law reform.