무효심판에서의 일사부재리원칙에 관한 입법론적 고찰－ 일본 개정 특허법 제167조를 중심으로 －

Abstract

In the case of res judicata, the matter cannot be raised again, either in the same court or in a different court. A court will use res judicata to deny reconsideration of a matter. Art. 163 of the Korea Patent Act prescribes that, after a patent trial is ultimately determined, nobody is allowed to request a new trial with same point and same evidence, based on Res Judicata Doctrine in patent trials. This regulations came from Japanese Patent Act. But Japanese 2011 Revised Patent Act placed new regulations regarding Res Judicata Doctrine in patent trials. Art. 167 of the Japanese 2011 Revised Patent Act prescribes that, after a patent trial is ultimately determined, the parties are not allowed to request a new trial with same point and same evidence in order to protect the right of access to courts of the third parties. So this article focused on a legislative consideration about Res Judicata Doctrine in patent trials. Art. 167 of the Japanese 2011 Revised Patent Act. needs to be considered in Korea Patent Act. I hope that a study on the Res Judicata Doctrine in patent trials goes on in the future.