현행법상 국유특허 관리제도의 문제점과 대안

Abstract

Under the current Korean Invention Promotion Act (IPA), a government employee invention is owned by the government and managed by the Korean Intellectual Property Office (KIPO) as government property. This system was introduced by the Korean Patent Act of 197, to improve the research and development environment at the time, and to support researchers at national research institutes and universities. However, while patent activity in the private sector in Korea has achieved remarkable growth since the 1970s, the quality of the government patent by government employees was way behind due to the inefficient managing system and antiquated regulations. In many countries, the government may acquire an employee invention as government property, but it is hard to find to manage it under a particular government agency like KIPO. This study suggests partial amendments to the Regulation for Compensation of Government Employee Invention, that the Commissioner of KIPO authorizes each agency to manage the government employee invention by their own employee. Through this, it is expected that a managing system of government employee’s inventions will be competitive as civil invention sectors.