미국 직무발명제도에 대한 연구
A Study on the Employee Invention System in the U.S.
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초록
There is no provision in the U.S. patent law that governs the employee invention system. And there are no other federal laws governing the employee invention system in the U.S.. However, some states in the U.S. have state laws regarding contracts between employers and employees regarding the belonging of rights to inventions completed by employees during the period of employment, thereby resolving related disputes that may arise between employers and employees. In the U.S., the employee invention system is governed by common law and contract law. In particular, in the U.S., there is no legal regulation on the requirements for recognition of employee inventions as prescribed by Korea's Invention Promotion Act and there is no case law regarding them. Without judging whether inventions completed by employee during the period of employment falls under the employee invention or not, the issue of belonging to the right to an invention completed by an employee is handled based on case law and contract law. In the U.S., there is no statutory regulation on the procedure and the standards for calculating compensation for employee inventions and compensation for an employee who succeeds to an employer for an invention completed during the period of employment is also governed by the ‘contract’ between the employer and the employee. Since the U.S. court understands that the 'remuneration' paid by the employer to the employee includes compensation for the employee who completes the invention, it is evaluated that it is taking a favorable attitude toward the 'employer' with respect to the compensation for the employee invention.
Abstract
There is no provision in the U.S. patent law that governs the employee invention system. And there are no other federal laws governing the employee invention system in the U.S.. However, some states in the U.S. have state laws regarding contracts between employers and employees regarding the belonging of rights to inventions completed by employees during the period of employment, thereby resolving related disputes that may arise between employers and employees. In the U.S., the employee invention system is governed by common law and contract law. In particular, in the U.S., there is no legal regulation on the requirements for recognition of employee inventions as prescribed by Korea's Invention Promotion Act and there is no case law regarding them. Without judging whether inventions completed by employee during the period of employment falls under the employee invention or not, the issue of belonging to the right to an invention completed by an employee is handled based on case law and contract law. In the U.S., there is no statutory regulation on the procedure and the standards for calculating compensation for employee inventions and compensation for an employee who succeeds to an employer for an invention completed during the period of employment is also governed by the ‘contract’ between the employer and the employee. Since the U.S. court understands that the 'remuneration' paid by the employer to the employee includes compensation for the employee who completes the invention, it is evaluated that it is taking a favorable attitude toward the 'employer' with respect to the compensation for the employee invention.
참고문헌 (32)
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