This study aims to make an analysis of the fundamental objective and the economic effect of the patent system, with a focus on substance patents. The patent system can be considered one of social means used to promote the development of technology, especially in the context that the growing sophistication of technology paves the road to the development of social welfare. It grants the right to exclusive use of the technology he/she invented for a set period of time to incentivize creative efforts as well as to publish the new development afterwards in order to maximize the social benefit from the upward standardization of science and technology. Accordingly, the patent system needs to be constructed and run to allow a seamless and quick transfer of information relating to advanced technology, some possibly from abroad, to those in need domestically, and its effectiveness is heavily influenced by the type and the time period of each patent.
There are roughly 3 types of patents – substance patents, utility patents and use patents – broken down based on the type of invention. And most countries set the patent period at 10-20 years, with some differences depending on whether it deals with a patent application or a patent registration. Some argue that the substance patent is more advanced than the others but this claim is disputed by many. Also, the ultimate objective of patent law is to promote, protect and foster invention efforts and thereby pave the way for technological advancements to contribute to the nation’s industrial advancement; this means that Korea will further benefit from the maintenance of the utility patent system by allowing the further advancement of the precision chemical industry. The fact that patent law aims to maximize resource efficiency and social welfare through the advancement of science and technology supports the theory that a utility patent is more socially appropriate than a substance patent that focuses on protecting the right of limited parties of interest.
특허제도의 경제적 효과분석(Analysis of the economic effect of the patent system)
물질특허를 중심으로(Focus on substance patent)
서울 : 한국개발연구원
|Series Title; No||연구보고 / 85-08|
|Subject Country||South Korea(Asia and Pacific)|
|Subject||Industry and Technology < Others|
|Holding||KDI; KDI School|