프로그램 발명의 보호방안 - 일본 법제와의 비교분석을 중심으로 -

It is current situation that computer technology plays the more and more important roles in modern society and people dispute over the proper protection of core software for computer technology.  It is also current status that the protection plan of the patent law is need to be discussed along with globalization and internationalization of the law together with matter of actual profit as patent law regarding program that has been protected by existing copyright law. It is obvious that it may influence on program-related industry positively in respect that the patent originally promotes technology innovation and gains the investment profit for technology development through exclusivity. It is also clear that the patent may hinder the market activities as it weakens the competitiveness and there is a concern the restriction on technology innovation may be brought due to excessive protection. So, it is required to review what the most adequate protection method is minutely regarding the protection of new technology. So, this thesis was willing to pay attention to the programs that are protected by the patent law in Korea. It was willing to research the plan that can establish the more effective protection system by analyzing the tendency and precedents of protecting the programs in Japan out of IP 5 countries after grasping the problems of protection system of Korea. It is needed to discuss the proper protection plan that can be applied to Korea by analyzing the patent law and inspection guide of Japan that shows the similar revision of patent law in Korea. Especially, in order to judge the patentibility of program invention thoroughly and distinguish it from the programs of copyright, it is necessary to consider the plan that stipulates the object to be protected by patent law. Furthermore, it should be considered in the inspection stage so that the patent can be granted only for the more strict and sophisticated invention when considering recent international trends regarding program invention. That is, precise supplementation of regulation with aggressive requirements is required. Now that the problem of insufficient patent is not limited to program only, the patent right should be granted only for the invention that has the definite value for protection by strictness for patent investigation and drawing up the statement strictly as thorough patent management that corresponds to exclusive protection. Technology of program evolves today, but it will be impossible to create the perfect law that specifies and prepares for the programs to be appeared now and in the future. But, it is important to establish the protection environment of programs to better status and seek for the unique direction of positive change. It is the time to have the institutional and policy concern to establish longer-term and macroscopic protection law system regarding newly-introduced concepts not law revision by instant need.