직무발명의 귀속과 보상 -한국과 미국을 중심으로-
Ownership of and Compensation for Employee Inventions

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서울대학교 법학연구소
법학, Vol.46 No.3, pp. 159-200
직무발명제도의 배경청색 발광다이오드직무발명의 실시권직무발명(특허출원) 추이
In modern society, most technologies are created by companies that have a

well-organized research base. That is, most inventions today are created by

employees who are working for companies.

In deciding whether an invention made in the course of employment should

belong to the employee or the employer, patent law has to balance interests

between employers and employees. It has long been supported that the inventor

is the first owner of a patent. However, if someone is employed to do

something (e.g. invent), the resulting products (i.e. inventions) should be owned

by the employer. Patent Act states that if the invention of an employee meets

the requirements relating to an in-service invention and the employee transfers

his invention to a company, the company must grant him proper compensation

for his invention.

University patenting and licensing efforts under the Bayh-Dole Act have

fostered the commercialization of many new technological advances in the US.

The Bayh-Dole Act created incentives for the government, universities, and

industry to work together in the commercialization of new technologies for the

public benefit. With the success of the Act in the US, similar system has been

employed by universities in Korea. Thus, ownership of inventions made by

professors under certain circumstances is transferred to the industry foundation

(such as SNU Industry Foundation of Seoul National University). Now it became

very important to establish a standard by which ownership of inventions by

professors could be determined and appropriate compensation could be given to

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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 46, Number 1/4 (2005)
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