특허품질 제고를 위한 특허쟁송체제 개선 및 그 운영상의 주요 쟁점 검토

Efforts to improve patent quality have been selected as the core issue of successive governments, and has been constantly carried out since it is difficult to sustain innovation growth through R&D investment without the trust of companies in the “strong and legally secure patent right”, which can be said to be the core of patent quality. Until now, the Patent Office has made every effort to improve the quality of examinations and the Patent Tribunal has made every effort to improve the quality of examinations. However, the current patent litigation system has improved many problems in the past and is making a step forward. In the past, discussions on patent quality have been mainly dealt with as a matter of examination quality or trial judgment quality. However, it is difficult to improve the quality without supporting improvement of “litigation quality”. Therefore, this article approached the current patent litigation body and its operational problems and challenges from four main directions as a measure to improve patent quality through improvement of litigation quality. First, what are the chronic and fundamental problems and irrationalities that have hindered patent quality? Secondly, is there any way to resolve conflicts and conflicts among patent litigation participants, which are considered to be one of the factors that hinder the quality of litigation? Third, why has the patent invalidation rate not improved despite continuous efforts, and why does the fundamental difference between the patent tribunal and the patent court exist in patent eligibility decisions? Fourth, are there any differences in perceptions and gaps between the Patent Office, which is an administrative body, the Patent Tribunal, which is a quasi-judicial body, and the courts, which are judicial bodies? I looked for a way to solve the question that In the end, the quality improvement problem of patent litigation is mostly a matter of fundamental institutional improvement in terms of structural and institutional issues. Therefore, improvement of cooperation and mutual relations between the Examination Bureau, the Judges, and the Patent Court and mutual trust between the Patent Attorneys Association and the bar association in charge of legal services can be improved only through close interaction and cooperation. In particular, the Patent Tribunal and the Patent Court, which are two axes of IP litigation, should form mutual understanding on the direction of promoting the parent patent policy.