진정한 발명자 보호를 위한 허위 발명자 기재 방지방안

Whether or not you are a true inventor is very important not only for the legality of your rights, but also for inventor honor rights. However, it is difficult to determine the true inventor during the examination process, and it is easy for a person who is not the true inventor to be listed. There is also a lack of appropriate sanctions for intentionally misrepresenting or omitting an inventor. This study examines the prevention of false inventor declarations to protect true inventors from the perspective of interpretation and legislative theory of the current law. As a result, it was clarified that only those who have substantially contributed to the creation of a technical idea should be recognized as inventors. It was also proposed that inventors should be required to submit an inventor declaration to prevent inventor misrepresentation. In addition, it was proposed to add "listing a person who is not an inventor as an inventor or omitting a person who is an inventor from the list of inventors" as a type of "misrepresentation" in order to sanction those who intentionally misrepresent inventors. It was also proposed to establish the principle of good faith in patent law and to stipulate that patent applications and patent rights that violate the principle of good faith are grounds for unpatentability.