특허권 남용에 관한 연구

Abstract

When a patentee exerts his patent right in unreasonable way-abuse of patent right-, Patent law may not protect this patent right. Abuse of patent rights means that a patentee exerts his patent right only to infringe other's right or acquire his unfair benefit. Korean court have approved patent abuse when a patentee exerted his patent right which included some reason to make his right invalid. But a few patent right trespassers have asserted abuse of patent right to patentees although there is few reason to make patent right invalid. This article debates the problem whether abuse of patent right may be approved by a court although there is no reason to make patent right invalid, especially focused on Japanese cases.