SHERP

선택발명인 거울상 이성질체 발명의 신규성 판단
Novelty Determination for an Enantiomer Invention as a Selection Invention

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Authors
정차호; 신혜은
Issue Date
2008
Publisher
서울대학교 법학연구소
Citation
법학, Vol.49 No3 pp.355-408
Keywords
선택발명거울상 이성질체광학 이성질체selection inventionspecific disclosure라세미체신규성optical isomerracemateinventive step
Abstract
This paper suggests better jurisprudence on novelty determination of an enantiomer
invention, which is a type of selection invention. For the suggestion, it first crafts an
upgraded definition of a selection invention and then analyzes standards of novelty
determination of selection invention and enantiomer invention in the U.S.A, Europe,
Japan and Korea. Based on such analysis, this paper proclaims new standards of
novelty determination of enantiomer invention as follows: (1) “express disclosure”
requirement must be case-by-case determined on whether resolution method from
racemate to enantiomer at issue was specifically disclosed; (2) “enabling” requirement
of prior art must be separately and additionally determined; (3) in determining
express disclosure requirement, the concept of skilled person must not be applied and
only single prior must be compared; and (4) determination of enabling requirement
must be based on the skilled person's own knowledge. As a conclusion, this paper
claims that such law which fundamentally denies novelty of an enantiomer invention
is not appropriate and that we should induce relevant research and development
activities by establishing a proper inventive step standard.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/10233
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 49, Number 1/4 (2008)
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