특허기술의 권리회복심사 방법 연구

As we become part of the global economy, patent disputes are increasing rapidly. It is necessary to support the acquisition of patent rights by improving the decision method for the re-establishment of patents so that Korean companies can enter the global markets and compete. In this study, the decision process of re-establishment under the Patent Act was newly presented by referring to the guidelines of major advanced countries, such as Japan and Europe. As a new decision methodology, this study first judges whether the event that directly caused the delay was predictable and then proposes a procedure to review the validity of pre-case and post-case measures according to the nature of the event. When determining the validity of measures, this study considers the type of events, which were classified into inevitable cases such as natural disasters, artificial negligence, and other unexpected events, such as system defects or accidents. It is designed to determine whether necessary measures were taken and whether the response level was appropriate for the event type. As a result, patent procedures that were not acceptable under the current strict re-establishment requirements will be re-processed, creating an environment in which Korean companies can acquire patent rights more easily.