특허권 이전 후 특허무효가 확정된 경우에 문제된 양수인의 법적 지위- 대법원 2020. 5. 14. 선고 2020후10087판결 및 동적 안전과 관련하여 -

Whether the owner who has been transferred patent right keeps his/her own right from the a trial decision invalidating it without knowing that his/her patented invention was subject to invalidation(‘a good-faith belief in invalidity’), prior to the registration of a request for an invalidation trial of the patent, the Supreme Court decided that a patent for the same invention shall have been granted to an entitled person, and the original patentee(or the successor to an entitlement) does not hold the right any more after the invalidation decided. The Case shows that the entitled person such as an applicant who has the right to apply a patent shall be a patent right holder, the person such as the original patentee who has held the patent invalidated is neglected from legal protection. While the assignee who has a good-faith belief in invalidity is left unprotected based on the current Patent Act of Korea(‘PAK’), the transaction of IPRs like as patent would lesson in the anxiety to cause a loss of his/her own patent. Particularly a serious problem has to be likely to emerge from the evidence that there is the invalidation rate of patent as high as fifty percent in the practice of PAK. Even the Case must have been righteously for the entitled in appearance, patented invention stays at a static market, and the slow transaction would mislead the deadlock of R&D and innovation in reality. Here the article examines what are legislative tasks in information age technology, how access strategic methods.