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Electronic Commerce is rapidly growing and expanding with the development of computer and networking technology. According to the development of new business methods to accomplish E-commerce,...
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[영문]
Electronic Commerce is rapidly growing and expanding with the development of computer and networking technology. According to the development of new business methods to accomplish E-commerce, the protection of business methods becomes the hot issue of legal circles.
The recent judgement of US. court concerning the State Street Bank case notices that it is unfair to exclude Business Method from subject matter of the patent on the reason that business method inventions can be patented if it create a useful, concrete and tangible result. This judgement stirs up the world-wide arguments about BM patent.
This study is concerned with the patentability of Business Method or Business Model(hereinafter "BM") invention and attempt to figure out whether BM can be a subject matter under the Patent Law of Korea and, if so, what the requirements of patentability are.
The Korean Patent Law describes that the "invention" means a highly advanced creation of any technical idea applying any rule of nature and needs for the patent are such as novelty, industrial utility, inventive step(non-obviousness), and detailed description which any person having ordinary knowledge in the technical field to which the invention belongs, may embody easily. From the traditional viewpoints, BM has not been considered as the subject matter of patent because it does not make a "whole use" of the rule of nature. However, it is reasonable that the partial use of the natural rule is enough for invention to be served as patent, therefore, BM should be adapted as the subject matter if non-natural rule such as economics, etc. is combined with the technical idea of natural rules. When BM creates a useful, concrete, tangible result, it can be admitted to possess industrial utility.
However, considering the preposterous influence of BM patent, BM patent applications must be examined with rigid examination guideline concerning the patentabilities including the novelty, inventive step and descriptive requirements. Further, continuous and extensive study on BM should be required for balanced protection and reduction of legal disputes.
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