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준성 윤
8 years ago
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35 35 Adam B. Jaffe and Josh Lerner, Innovation and its discontents: How our broken patent system is endangering innovation and progress, and what to do about it, Princeton University Press, Beth Simone Noveck, Peer to Patent: Collective Intelligence, Open Review, and Patent Reform, Harvard Journal of Law & Technology, Vol.20 No.1(2006). Ford, Koutsky, and Spivak, Quantifying the Costs of Substandard Patents: Some Preliminary Evidence, Pheonix Center Policy Paper Series, Sep Mihai Lupu, Katja Mayer, John Tait and Anthony J. Tripple, Current Challenge in Patent Information Retrieval, The Information Retrieval Series, Vol.29(2011), pp Paul Goldstein, Intellectual Property: the tough new realities that could make or break your business, Portfolio, Nov Peter F. Drucker et. al, Harvard business review on measuring corporate performance, Harvard Business School Press, Stephen A. Merrill, Richard C. Levin, and Mark B. Myers, A patent system for the 21st century, The National Academies Press, WIPO, World Intellectual Property Indicators, 2010.

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37 The Journal of Intellectual Property Vol.6 No.4 December A Study on the Method for Enhancing Patent Examination Quality: Focusing on the Open Examination Platform Lee Ilgu, Baek Daesung, Shim Sanghee and Park Sungpil Abstract The tremendously stacked prior arts and a number of recent increasing patent applications may be reasons that would have degraded the quality of patent examinations. There are, therefore, concerns which registered patents without verified quality would be obstacles when attempting to accept new technology or when innovating in the new era of technology. In this regard, the Korean Intellectual Property Office ( the Office ) develops and implements numerous systems to manage and improve the quality of patent examinations. In 2010, the Office and prior art search institution reported a 98.5% correct decision rate for registrations and approximately 99 points as regards the quality of prior art investigations, respectively. A citation rate at patent invalidation trials that exceeds 70% may be one of the reasons that anti-patent believers assert that the patent system is useless. Moreover, the decision rate for the registering examination exceeds 70%. Therefore, it is necessary to analyze, improve and research the current examination system, quality measurement method and quality management method to create and promulgate a reliable system. In addition, an objective and reliable measurement of the examination is necessary due to the lack of a systemized method of quality measurements. Without suitable management and an improvement of the measurement system, it will be impossible to create a dependable and authorized examination process. In order to resolve the aforementioned issues related to the objectivity

38 38 Korea Institute of Intellectual Property Korean Intellectual Society and reliability of the measurements in the patent examination system, this paper proposes the following: (i) a quality simulation method for measurements, management and improvements pertaining to patent examinations, (ii) a quality feedback method to hold patent examinations as a means of checking and controlling those participating in the patent examinations, and (iii) an infrastructure optimization method with which to formulate a new patent examination system that is appropriate for the era of open innovation. These three methods allow cooperation and cross-checks among examination reviewers, prior art investigators and patent office examiners through an open platform with diversified evaluators from examinations to quality evaluations as well as feedback. According to mock simulation results after implementing the tenets suggested here, the results of a quality evaluation were 35% (weighting not applied) and 49.2% (weighting applied). Importantly, the quality evaluation result of the conventional method was found to have a significantly different with 77%. Keywords Patent Examination, Examination Quality, Open Platform, Quality Simulation, Quality Feedback

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<C1A4BAB8B9FDC7D031362D335F3133303130322E687770> 권리범위확인심판에서는 법원이 진보성 판단을 할 수 없는가? Can a Court Test the Inventive Step in a Trial to Confirm the Scope of a Patent? 구대환(Koo, Dae-Hwan) * 41) 목 차 Ⅰ. 서론 Ⅱ. 전원합의체판결의 진보성 판단 관련 판시사항 1. 이 사건 특허발명 2. 피고 제품 3.