미완성 발명과 아이디어의 보호
Incomplete Inventions and the Protection of Ideas
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Patents are granted to inventors who create new, industrially applicable, and complete inventions. However, some applications for patents contain incompleteness of inventions which might be caused by mistakes or erroneousness. This paper illustrates examples of incomplete inventions and proposes how to protect ideas contained within incomplete inventions under the patent law. Incompleteness of the invention is examined on the basis of the description of the patent application, and it does not mean that the inventor did not complete the invention at the time of filing the application in the case of the incomplete invention. Therefore, the specification of the incomplete invention contains deficiency of one or more essential parts or relationships between parts in the invention, so that one skilled in the art could not carry out the invention. Incompleteness of the invention depends deeply on the character of the technical field of which the invention belongs. There is no absolute theory for incompleteness and there is no reason to declare irreparableness. There is possibility to satisfy patentable conditions by amendment of the specification of the incomplete invention. Also, the applicant of the incomplete invention can modify the application within one year and apply by using priority right claiming application under the Article 55 of the Patent Law to complete the early filed invention.
Abstract
Patents are granted to inventors who create new, industrially applicable, and complete inventions. However, some applications for patents contain incompleteness of inventions which might be caused by mistakes or erroneousness. This paper illustrates examples of incomplete inventions and proposes how to protect ideas contained within incomplete inventions under the patent law. Incompleteness of the invention is examined on the basis of the description of the patent application, and it does not mean that the inventor did not complete the invention at the time of filing the application in the case of the incomplete invention. Therefore, the specification of the incomplete invention contains deficiency of one or more essential parts or relationships between parts in the invention, so that one skilled in the art could not carry out the invention. Incompleteness of the invention depends deeply on the character of the technical field of which the invention belongs. There is no absolute theory for incompleteness and there is no reason to declare irreparableness. There is possibility to satisfy patentable conditions by amendment of the specification of the incomplete invention. Also, the applicant of the incomplete invention can modify the application within one year and apply by using priority right claiming application under the Article 55 of the Patent Law to complete the early filed invention.
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