PCT출원의 우선권주장과 주체적 요건

In case where the PCT application is to be filed with claiming convention priority based on the first application, it is interpreted that the priority can be accepted in only a case where the applicant of the earlier application and the applicant of the PCT application which is the subsequent application are identical or the patentable right has been succeeded and the change of the applicant has been recorded when filing the PCT application. However recently the Supreme Court has suggested the new criteria for judgement in that the priority should be accepted in case where the agreement regarding the succession was existed before filing the PCT application although the change of applicant is not recorded when filing the PCT application. It is determined that there is a practical problem in such a criteria for judgement since it is interpreted by dividing Para 1 of Article 55 of the Patent Law regulating the subjective requirement for claiming convention priority and Para 4 of Article 38 of the Patent Law regulating the condition of validity of the right succession. Accordingly the revision is needed to be able to determine whether the priority would be accepted based on the condition of validity regarding to the succession of the patentable right, that is, it is needed to be revised that the validity can be generated in case where the change of applicant should be recorded when filing the subsequent application(PCT application) in the succession of the right in the earlier application having the priority.