특허심판의 필수적 전치주의에 대한 타당성 연구 - 미국과의 비교를 중심으로 -

The patent invalidation trial should be brought before patent invalidation lawsuits under the principle of the exhaustion of administrative remedies. Recently, some people have posed a problem concerning the principle. First of all, patent trial is not constitutional because it deprives a person of his right to a trial. Next, since patent trial is more efficient than patent lawsuit, patent trial is no longer needed. Therefore, the systems of patent trial should be changed. Interestingly, the US has similar problems. Thus, it is a good way to study and compare the US systems for solving our problems. The US courts have decided the IPR is not unconstitutional and it is expected that the future judgement would be made similarly for the future. In addition, although the principle of exhaustion of remedies are taken, when comparing trial and lawsuit, it would be also easily expected that the trial is and will be preferred. We can judge whether the trial is constitutional by examining the constitutionality and validity of the trial. Also, we can decide the direction of the system of trial, that is, which system is more professional, quick and cheap, by comparing trial and lawsuit.