특허법 제127조 개정안에 대한 연구

Article 127 of the Patent Act provides unique legislative content and has the problem that the scope of protection is very limited. Recently, the Patent Office prepared an amendment to the regulation and held a public hearing. Considering the necessity of amendment of Article 127 and the present state of technology development, it seems to be a very timely and important attempt. However, it is necessary to examine this from the perspective of the overall revision direction, not the detailed text. First of all, it is necessary to limit the inducement infringement scope, because the range of infringement is too broad. In the case of online transmission, the indirect infringement object can be changed in a way not limited to goods. In the case of indirect infringement regulations, it would be reasonable to regard it as “the means, relating to an essential element of the invention” as in the UK or German patent law. Furthermore, if a typical indirect infringement rule is enacted, it is desirable to delete present provision because there is no benefit to the existing act, and furthermore, it is desirable to clarify the most serious problem of necessity of direct infringement in the legislation.