조현중 특허법1차기본서(제4판)

part 01 서론

제01장 특허법의 목적 (특허법 제1조) ······································································· 2

part 02 절차총칙

제01장 절차능력 (제3조 내지 제5조) ·········································································· 5
제02장 대리인 (제6조 내지 제10조) ··········································································· 8
제03장 복수당사자의 대표 (제11조) ······································································· 11
제04장 방식 위반 절차의 처분 ··············································································· 12
제05장 기간 ·············································································································· 17
제06장 서류의 제출 및 송달 (제28조) ···································································· 28
제07장 수수료 ·········································································································· 34
제08장 절차의 포기 또는 취하·············································································· 37
제09장 절차의 효력승계/속행 ················································································ 39

part 03 특허출원에 관한 절차

제01장 정당권리자 출원절차 (제34조 등, 판례노트 19-1) ····································· 42
제02장 출원시 제출서류·························································································· 46
제03장 청구범위제출유예제도 (제42조의2) ····························································· 50
제04장 임시명세서제도 (시행규칙 제21조 제5항) ···················································· 52
제05장 외국어 출원 (제42조의 3) ··········································································· 54

part 04 특허 명세서

제01장 발명의 설명 기재방법························································································ 62
제02장 청구범위 기재방법······························································································ 67
제03장 하나의 특허출원의 범위 (제45조, 판례노트 18) ············································ 76

part 05 청구항 기재형식에 따른 쟁점

제01장 PBP청구항············································································································ 81
제02장 젭슨 청구항 (판례노트 04-2) ············································································· 84
제03장 기능식 청구항 (판례노트 12, 12-1) ································································· 86
제04장 마쿠쉬 청구항······································································································ 88

part 06 발명의 주체와 관련된 쟁점

제01장 특허법상 권리의 이전························································································ 91
제02장 특허법상 권리의 공유························································································ 95

part 07 특허요건

제01장 발명의 성립성··························································································· 101
제02장 특허법과 실용신안법의 대비··································································· 106
제03장 권리능력 (제25조) ····················································································· 111
제04장 특허를 받을 수 있는 권리 (제33조 제1항 본문) ····································· 113
제05장 공동출원 (제44조) ····················································································· 117
제06장 산업상이용가능성 (제29조 1항 본문) ······················································· 119
제07장 신규성 (제29조 제1항 각호) ······································································ 124
제08장 진보성 (제29조 제2항) ·············································································· 130
제09장 확대된 선원주의 (제29조 제3항 내지 제7항, 판례노트 13) ······················ 136
제10장 선원주의 (제36조, 판례노트 13) ······························································· 141
제11장 불특허 발명 (제32조, 판례노트 19) ·························································· 149

part 08 특허 출원인을 위한 제도

제01장 공지예외적용주장 (제30조, 판례노트 20) ················································· 155
제02장 명세서 또는 도면의 보정 (판례노트 21, 22) ·········································· 162
제03장 분할출원 (제52조, 판례노트 23) ······························································· 173
제04장 분리출원 (제52조의2) ················································································ 177
제05장 변경출원 (제53조) ····················································································· 179
제06장 조약우선권주장 출원 (제54조, 판례노트 24) ············································ 183
제07장 국내우선권주장 출원 (제55조, 판례노트 24) ············································ 188

part 09 심사

제01장 심사주의 ···································································································· 199
제02장 심사절차 ···································································································· 200
제03장 심사관에 의한 심사················································································· 207
제04장 출원공개 ···································································································· 219
제05장 국방관련출원 (제41조 및 제106조 내지 제106조의2) ······························· 223
제06장 출원의 취하 또는 포기 ············································································ 226

part 10 특허권 및 실시권

제01장 특허권의 의의 및 성질············································································ 230
제02장 특허료의 납부··························································································· 231
제03장 특허권의 발생 및 등록의 효력······························································· 235
제04장 특허권의 효력 및 제한 ············································································ 238
제05장 특허권자의 의무······················································································· 241
제06장 존속기간의 연장 ······················································································· 243
제07장 특허권의 사용⋅수익⋅처분행위 (판례노트 27) ······································ 255
제08장 특허권의 소멸···································································································· 259
제09장 실시권················································································································· 263

part 11 특허권 침해

제01장 침해의 성립요건 및 보호범위 판단방법······················································ 315
제02장 특허법상 실시···································································································· 321
제03장 권리소진이론 (판례노트 53-1) ········································································ 326
제04장 무효사유항변, 자유실시기술항변 및 실효항변··········································· 329
제05장 균등침해 (판례노트 51) ···················································································· 337
제06장 이용침해 (제98조) ····························································································· 344
제07장 생략침해·············································································································· 347
제08장 간접침해 (제127조, 판례노트 30) ···································································· 348
제09장 공동직접침해······································································································ 353

part 12 특허권 침해에 대한 조치

제01장 침해에 대한 조치······························································································ 356
제02장 손해액 추정 등 (제128조, 판례노트 31) ······················································· 367
제03장 벌칙 (판례노트 59) ···························································································· 380

part 13 특유발명

제01장 의약용도발명 (판례노트 09-5) ·································································· 390
제02장 컴퓨터 관련 발명 (판례노트 09-6) ·························································· 394
제03장 BM(Business Method) 발명 (판례노트 09-6) ······································· 400
제04장 미생물발명 (판례노트 08-1, 15) ······························································· 404
제05장 식물발명·············································································································· 409
제06장 동물발명···································································································· 410
제07장 제법발명···································································································· 411
제08장 선택발명 (판례노트 09-2) ········································································· 414
제09장 수치한정발명 (판례노트 09-3) ·································································· 418
제10장 파라미터발명 (판례노트 09) ······································································ 422

part 14 특허취소신청

제01장 특허취소신청 (제132조의2 내지 제132의15) ············································ 426

part 15 심판총론

제01장 심판절차개괄····························································································· 436
제02장 당사자계 심판절차··················································································· 463
제03장 심판청구인 적격으로서의 이해관계인 ····················································· 469
제04장 공동심판 청구 (제139조) ·········································································· 471
제05장 유사필수적 공동심판 관계······································································· 473
제06장 우선심판제도 및 신속심판제도 ······························································· 475
제07장 중복심판청구의 금지 ················································································ 477
제08장 일사부재리 (제163조) ··············································································· 479
제09장 국선대리인 제도 (제139조의2) ································································· 484
제10장 전문심리위원 및 참고인 의견제출 제도 (제154조의2, 제154조의3) ······· 485
제11장 적시제출주의 및 조정위원회 회부 제도 (제158조의2, 제164조의2) ······· 486

part 16 심판각론

제01장 거절결정불복심판 (제132의17) ································································· 489
제02장 정정심판 (제136조) ··················································································· 494
제03장 특허의 무효심판 (제133조) ······································································ 502
제04장 특허의 정정 (제133조의2) ········································································ 507
제05장 존속기간연장등록무효심판 (제134조) ······················································ 513
제06장 정정무효심판 (제137조) ············································································ 515
제07장 정정심판과 무효심판⋅침해소송과의 관계············································· 516
제08장 권리범위확인심판 (제135조) ····································································· 520
제09장 재심 (제178조 내지 제185조) ···································································· 533

part 17 특허법원 소송

제01장 심결취소소송 (제186조) ············································································ 542
제02장 소의 이익·································································································· 546
제03장 당사자······································································································· 547
제04장 심 리········································································································· 550

part 18 특허협력조약 (PCT)

제01장 국제출원···································································································· 563
제02장 국제단계-국제조사 및 국제예비심사 (제198조의2) ································ 572
제03장 국내단계 및 기준일 (제199조 이하) ························································· 581
제04장 국제특허출원의 특례 ················································································ 589