헌법 제22조와 발명자권, 특허법개정에 대한 연구

Abstract

An Inventor has all rights on his own invention from the beginning as a creator, which include both a moral right and an economic right which justify the right to receive the patent in the patent system. In patent law, while initial right to receive a patent belongs to as a natural person inventor, inventor may transfer such right, and those who succeeds the right including legal persons may file for a patent and may receive the patent, but a moral right of inventor cannot be transferred to others. In patent law which congress established to secure a right of individual inventors under the Korean Constitutional Law. Korean Constitutional Law expressly articulates the protection of the inventor which is very rear provision found in US and Korean Constitution. In US, Inventorship is one of the leading provision under the context of the US Patent Law. However in our patent law, especially after the revision of 1991, people do not pay any attention to the Inventorship, A moral right of inventor is reflected in the definition of an inventor, original acquisition principle by intellectual labor from patent eligible subject matter, and right of attribution as the right to indicate the origin of the right to the patent, which is distinguished from a right of patent applicant and proprietor. Such inventorship should not be considered as a mere formality but substantive requirement to secure a right of an inventor. For this purpose, we would like to make a legislative proposal by comparing the US and EU treatment of inventorship.