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KMID : 0986720180260010309
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Korean Journal of Medicine and Law
2018 Volume.26 No. 1 p.309 ~ p.324
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Review of patent eligibility of hospitals and related facilities
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Cha Seong-Min
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Abstract
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In order to increase the efficiency of patent administration, the Patent Office has enacted and operates the "Guidelines for Issuance and Management of Patient Account Number", which is the basic guideline on issuance and management of patent number. According to this guideline, however, only national and foreign persons, national and foreign legal entities and national entities are eligible for the applicant. As society develops and economic behavior becomes more complicated, there are a variety of subjects that are doing economic activities. But they are not legal entities. In the field of health care industry, they operate in the form of a branch office and are not independent corporations, but conduct health care activities and R&D activities. In addition, due to recent social needs, there is also a trend to establish a business incubator center to revitalize start-ups in the health care field. However, since such entities are not recognized as entitled to rights to apply for their patents. This is a problem that it is impossible to apply for patents in their own name to inventions that get through R&D activities or business start-up activities. Recently, the National Assembly is trying to expand the applicant"s eligibility for the four types of investment associations through the amendment of intellectual property law such as patent law. However, there are some countries that have recognized the applicant"s qualification, in addition to the person and legal entity, and some of the subjects which are participating in economic activities. Furthermore, in the era of the Fourth Industrial Revolution, the development of science and technology, including ICT, has been integrated into the field of healthcare, and from the perspective of encouraging various inventions to reinforce human life and body functions. It is necessary to legally make a way to apply for a hospital or hospital-centered starts-up incubator.
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KEYWORD
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Applicant Eligibility, Patent Application, Patent, Economic Availability, Intellectual Property
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