국방 관련 발명의 비밀특허제도에 관한 법정책적 소고 – 일본 경제안전보장추진법과의 비교를 중심으로 –

Abstract

The subject of Korea's secret patents is limited to 'invention necessary for defense' in the Patent Act and the "Secret Classification Criteria for Defense-Related Patent Applications" specify the classification of technologies (IPCs and CPCs) that can be confidential for defense, however among them, cases that do not fall under the major defense supplies stipulated in the Defense Acquisition Program Act or the weapon system stipulated in the Enforcement Decree of the Defense Acquisition Program Act are excluded On the other hand, Japan's Economic Security Promotion Act, which took effect on May 1, 2024, does not limit itself to defense-related technologies related to national security and specific critical technologies necessary for national economic safety were also included in the subject of secret patents to prevent Japan's enemies or terrorist groups from illegally using them. In particular, Japan's secret patent system also introduced permission for the implementation of secret patents, priority applications in Japan, information management and penalty systems. The selection and execution of such secret patents stipulates that the Prime Minister, not the Minister of Defense (Director of Defense Equipment) or the Commissioner of the Patent Office, acts as a general tower for executing all practical tasks. Korea also needs to actively consider to include inventions necessary to secure public safety or economic safety from attacks such as adversaries or cyber terrorism, not to be limited to defense-related inventions. In addition, along with the introduction of penalties for violating the secret patent system, active loss compensation measures should also be devised due to restrictions on the applicant's implementation by designation of secret patents.