발명자 게재 및 발명자 정정에 관한 소고

As the importance of patent rights increases, the inventor’s right to be mentioned has been reviewed. It was reconfirmed that the inventor's right to be mentioned constitutes a kind of reputation, and the basis of the right was attributed to the Paris Convention. However, this right is not just an honor but also serves the inventor’s portfolio for his or her personal career. The expanded prior application status is not applied to the application by the same inventor(s). On the other hand, if the inventors’ names are not listed, the application is subjected to be corrected. This is because substantial right and obligation are mixed in the inventor’s right to be mentioned. The amendment to the correction of the inventors has been studied along with the requirements for the correction trial. In such case, the correction of the inventors should be granted after an additional substantive examination. In addition, the patent act shall be amended to include an article of the inventor’s right to be mentioned. Also, the inventors should be listed in the patent register for their reputation. Lastly, it is suggested that one of the inventors should be marked as a primary inventor in the patent publication.