권리범위확인심판을 중심으로 한 특허침해소송 제도의 개정방안에 대한 연구

Abstract

Trials to confirm scope of rights has been pointed out as a subject of abolition or limitation because of immanent problems. The Patent Court highlighted the controversy by issuing a judgement on denying benefit of confirmation on trials filed during the proceedings of patent infringement litigation of the First Instance Court, and the Supreme Court overturned the judgement of the Patent Court on the controversy. However, the Patent Court's judgement has become more controversial due to procuratorial right issues of lawyers and patent attorneys. This article examines the feasibility on problems raised by the Patent Court based on recent US Supreme Court’s decision, statistic and survey data, and other countries’ cases. From feasibility study, trials to confirm scope of rights are necessary to satisfy the remedy of law consumers because technical expertise of the Court is not enough. On the other hand, trials can be waste of time and money because procedure and content are similar to the Court's patent litigation. Therefore, it is required to reform the patent litigation system to harmonize mutually without overlapping roles between the First Instance Court and the Patent Trial and Appeal Board. Specific revision ideas of this article will be examined.