특허권 존속기간연장등록의 요건과 연장된 특허권의 효력범위 ― 일본의 재판례를 소재로 한 비교법연구 ―

Abstract

This paper is a comparative law study with korean Law on using japanese cases about the extension of patent term system. This paper aim to help you to understand the Japanese law and to decide on the direction of the study and practice of extension registration system in Korea about the registration requirements of extension of patent term and effect range of patent right to be extended. Korea does not have enough critical studies on trial practice and interpretation of law. This article should compare and judge the kind of patent invention related to the extension registration application and the examination items directly related to the actual identity as a medicine in the light of the subject about the registration requirements of extension of patent term and argued that the scope of the extended patent rights is broadly recognized as the scope of the patent that is actively extended including the application of the doctrine of equivalents. However, I think that the desirable operation and interpretation of the extension registration system should be decided considering the level of domestic drug development technology and the purpose of patent law. It is expected that this paper will be an opportunity to rethink the extension registration system of korea and extend deep discussion.