“몸은 하나인데 많은 지체가 있고 몸의 지체가 많으나 한 몸임”을 적용한 현행 특허법상 특허권침해 판단에 관한 논의

As this article examines the practically legal meaning of patented invention and patent claims in relation to patent infringement, and also All Elements Rule (AER) for determination of it. ‘A single patented invention is composed of several elements(or limitations of the element), and the patent right granted on the patent claims made up of each element has the effect of that right within a certain scope.’ However, all elements should be equally valued and read as they are in the accused product ('read on') without being distinguished as essential or secondary elements. If any element of the patented invention is missing, the accused product does not practice the patented invention. AER established on this basis was embodied in patented inventions as well as claimed inventions, and developed as legal solution for determining the infringement of patent rights. Contrary to the fundamentals of AER, the value-difference/ the discrimination of elements is to intentionally distort AER or to misunderstand to apply the patented invention. In addition, in a patent infringement lawsuits they are inacceptable in their judgements, that is not to find the conclusion to ask the infringement but to show the inclusion of patent by trial to confirm scope of patent right. There can be no other opinion that this, too, is wrong. It is once again confirmed that All Limitation Rule (ALR) or AER, the practical definition of patented invention and patent claims examined here are the core of establishing the legal principles of patent law. Until now, the legal research in this field has been lacking, so we are looking forward to more significant study on this subject-matter in the future. *1 Corinthians 12:12