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학술논문산업재산권2015.12 발행

발명의 컴퓨터 구현 논의에 따른 특허제도 개선방안

Improvement Plan of the Patent System based on the Discussion of Computer-implemented Invention

김윤명(소프트웨어정책연구소)

48호, 243~290쪽

초록

Patent system can be through the invention of Patent, the use and the protection of the balance of the three axes to achieve its purpose. It is not an exaggeration to say that has been organized around the protection of until now. From software patents intended for use is made for the purpose of blocking the invasion of competitors. Thus, patent usability decreases, it becomes possible to generate multiplied separately from the purpose of the patent system intended for technicians innovation. Therefore, rather than a defensive patent, through the use, you need to be able to contribute to the technology advances and cultural promotion. Copyright system and or the maximum of the difference of the patent system, biggest problem of software patents, and even if they do not mimic the patent of others is the point of becoming a patent infringement. For these reasons, patents have been filed is questionable whether to attract technology development. Thus, patent strategy to elicit innovation seen as “not a protection technique, and the use of technology”, it is necessary to establish the direction of the policy.

Abstract

Patent system can be through the invention of Patent, the use and the protection of the balance of the three axes to achieve its purpose. It is not an exaggeration to say that has been organized around the protection of until now. From software patents intended for use is made for the purpose of blocking the invasion of competitors. Thus, patent usability decreases, it becomes possible to generate multiplied separately from the purpose of the patent system intended for technicians innovation. Therefore, rather than a defensive patent, through the use, you need to be able to contribute to the technology advances and cultural promotion. Copyright system and or the maximum of the difference of the patent system, biggest problem of software patents, and even if they do not mimic the patent of others is the point of becoming a patent infringement. For these reasons, patents have been filed is questionable whether to attract technology development. Thus, patent strategy to elicit innovation seen as “not a protection technique, and the use of technology”, it is necessary to establish the direction of the policy.

발행기관:
한국지식재산학회
분류:
법학

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발명의 컴퓨터 구현 논의에 따른 특허제도 개선방안 | 산업재산권 2015 | AskLaw | 애스크로 AI