권리범위확인심판에서 확인대상발명의 특정에 관한 소고

초록

To specify declaration target invention is very important in that it is a legality requirement of the claim for judgment and clarification of the object of judgment as a part of the purpose of the claim. Meantime, the patent scope declaration trial has a unique function in that it makes a contribution to prevention or early termination of the dispute between the parties by simply and quickly judging whether an embodiment is included in the scope of objective validity of a patent right, and thus it is necessary to induce the trial to play an active role in preventing the dispute between interested parties by activating the patent scope declaration trial, but the proportion of being dismissed without receiving the trial decision is considerably high due to the problem of specifying the declaration target invention. Therefore, in this article, we tried to investigate the methods and criteria of judgments in various aspects related to the specification of the declaration target invention, and to establish the theoretical method and to consider the measures to reduce the rate of rejection such as shifting the burden of proof. Specifically, our study was conducted in the way of discussing and critical reviewing cases in Korea.

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