특허권(特許權)의 무효(無效)에 따른 실시료(實施料) 지급의무

이호천 ( Lee Ho Cheon ) 한국지식재산연구원 2009 지식재산연구 Vol.4 No.3

특허의 무효심판제도로 인하여 특허권은 등록 후 소급하여 무효로 될 가능성이 있다. 이러한 경우 무효로 된 특허에 관한 실시허락계약상 법률관계, 특히 실시료 지급의무가 문제될 것이다. 특허 무효에 관한 분쟁이 매년 증대하고 있는 국내에서는 위와 같이 특허무효에 따른 실시계약상 실시료 지급의무에 관한 이론적 토대가 구축되거나 사례가 축적되지는 아니한 것으로 보인다. 특허무효에 따른 실시계약상 실시료 지급에 관한 법리로서, 부당이득제도나 착오에 기한 계약의 취소 등을 고려해 볼 수 있다. 또한, 실시계약의 다양한 유형 등을 고려하면 무효심판에 의한 특허무효가 소급적 효력이 있다는 이유만으로 당해 특허에 관한 실시계약 역시 원시적인 불능으로서 무효라고 단정하기는 어려운 쟁점들이 존재한다고 사료된다. 미국과 일본에서는 특허무효와 관련한 실시료의 지급문제에 관하여 여러 사례와 견해들이 축적된 것으로 보인다. 이 논문은 특허권의 무효에 따른 실시료 지급의무와 관련하여 민법상 부당이득제도, 착오취소의 적용여부를 살펴보고, 일본과 미국의 사례 및 이론을 비교·분석함으로써, 국경이 없는 특허분쟁으로 인한 실시계약상 문제 해결에 이론적인 도움을 주고자 한다. Pursuant to an invalidation trial of a patent, a patent right can be retroactively invalidated after registration of the patent. In this case, legal relation of parties, particularly, royalty payment obligation, on license agreements with respect to the patent invalidated by the trial will become an issue of dispute. Although disputes relating to invalidation of patent rights have been increasing year-by-year domestically, it seems that theoretical foundations or cases as to the royalty payment obligation on the license agreement in the case of invalidation of the patent have yet to be established. As a legal theory for royalty payment on the license agreement in the case of the patent invalidation, unjust enrichment law, cancellation of contract based on mistake, or the like can be considered. Furthermore, considering various cases of license agreement, it is deemed that there are many difficult issues in concluding invalidity of a license agreement for a patent due to original impossibility of the license agreement based only on the ground of the retroactive effect of invalidation of the patent right by the invalidation trial. In the US and Japanese legal systems, it seems that various cases and judicial opinions focusing on the royalty payment in the case of the invalidation of the patent right as related issues have been collected. With regard to the royalty payment obligation in the case of the invalidation of the patent right, this article studies applicability of unjust enrichment and mistake cancellation clauses in the Civil Act, and tries to shed light on a solution to problems of the license agreement caused by borderless patent conflicts through comparison and analysis of the cases and theories in Japan and the U.S.A.

다파장 레이저치료기의 개발

천민우,김성환,박용필,이호식,김태곤,Cheon, Min-Woo,Kim, Seong-Hwan,Park, Yong-Pil,Lee, Ho-Sik,Kim, Tae-Gon 한국전기전자재료학회 2007 전기전자재료학회논문지 Vol.20 No.8

Low level laser therapy has various therapy effects, This paper performed the basic study for fabricating the low level laser therapy apparatus, and one of the goals of this paper was to make this apparatus used handily. The apparatus has been fabricated using the laser diode and microprocessor unit. The apparatus used a 660nm, 785nm and 850nm laser diode for laser medical therapy and was designed for a pulse width modulation type to increase stimulation effects. To raise the stimulus effect of the human body, the optical irradiation frequency could be set up. In result, the $1{\sim}10\;Hz$ irradiation frequency could be controlled stably.

전극에 따른 CuPc Field-effect Transistor의 전기적 특성

이호식,박용필,천민우,Lee, Ho-Shik,Park, Yong-Pil,Cheon, Min-Woo 한국전기전자재료학회 2008 전기전자재료학회논문지 Vol.21 No.10

Organic field-effect transistors (OFETs) are of interest for use in widely area electronic applications. We fabricated a copper phthalocyanine (CuPc) based field-effect transistor with different metal electrode. The CuPc FET device was made a top-contact type and the substrate temperature was room temperature. The source and drain electrodes were used an Au and Al materials. The CuPc thickness was 40 nm, and the channel length was $50{\mu}m$, channel width was 3 mm. We observed a typical current-voltage (I-V) characteristics in CuPc FET with different electrode materials.

미각센서의 특성과 응용

이호식,박용필,송민종,유성미,천민우,Lee, Ho-Sik,Park, Yong-Pil,Song, Min-Jong,Yu, Seong-Mi,Cheon, Min-U 한국전기전자재료학회 2007 전기전자재료 Vol.20 No.11

체외 상처 치유를 위한 4-채널 광 치료기

천민우,김성환,소금영,문영래,문성표,박용필,이호식,김태곤,Cheon, Min-Woo,Kim, Seong-Hwan,So, Keum-Young,Moon, Young-Lae,Mun, Seong-Pyo,Park, Yong-Pil,Lee, Ho-Sik,Kim, Tae-Gon 한국전기전자재료학회 2007 전기전자재료학회논문지 Vol.20 No.8

We developed the 4channel Light Medical Therapy Apparatus for External Injury Cure using a high brightness LED. This equipment was fabricated using a micro-controller and a high brightness LED, and designed to enable us to control light irradiation time, intensity, frequency and so on, Especially, to control the light irradiation frequency, FPGA was used, and to control the change of output value, TLC5941 was used. Control stage is divided into 4 levels by program. Consequently, the current value could be controlled by the change of level in Continue Wave(CW) and the output of a high brightness LED could be controlled stage by stage. Compared with one LED irradiation, several LEDs irradiation could increase optical power.

CuPC PET의 기판온도에 따른 전기적 특성 연구

이호식,천민우,박용필,Lee, Ho-Shik,Cheon, Min-Woo,Park, Yong-Pil 한국정보통신학회 2009 한국정보통신학회논문지 Vol.13 No.1

최근에 유기물 전계효과 트랜지스터의 연구는 전자소자분야에서 널리 알려져 있다. 특히 본 연구에서는CuPc 물질을 기본으로 하여 소자를 제작하고, 또한 기판의 온도를 달리 하여 제작하였다. CuPc FET 소자는 top-contact 방식으로 제작하였으며, 기판의 온도는 상온과 $150^{\circ}C$로 달리 하였다. 또한 CuPc의 두께는 40nm로 하였고, 채널의 길이는 $50{\mu}m$, 폭은 3mm로 하였다. 제작된 소자를 이용하여 전압-전류 특성을 측정하였다. Organic field-effect transistors (OFETs) are of interest for use in widely area electronic applications. We fabricated a copper phthalocyanine (CuPc) based field-effect transistor with different substrate temperature. The CuPc FET device was made a top-contact type and the substrate temperature was room temperature and $150^{\circ}C$. The CuPc thickness was 40nm, and the channel length was $50{\mu}m$, channel width was 3mm. We observed a typical current-voltage (I-V) characteristics in CuPc FET.

의료기기

이호식,박용필,천민우,Lee, Ho-Sik,Park, Yong-Pil,Cheon, Min-U 한국전기전자재료학회 2010 전기전자재료 Vol.23 No.10

초경합금에 FVAS로 코팅한 DLC 박막의 특성

천민우,박용필,김태곤,이호식,Cheon, Min-Woo,Park, Yong-Pil,Kim, Tae-Gon,Lee, Ho-Shik 한국전기전자재료학회 2011 전기전자재료학회논문지 Vol.24 No.10

An optical lens is usually produced in the manner of high temperature compression molding with tungsten carbide alloy molding cores, it is necessary to develop and study technology for super-precision processing of molding cores and coating the core surface. As main methods used in surface improvement technologies using thin film, DLC present high hardness, chemical stability, and outstanding durability of abrasion to be extensively applied in various industrial fields. In this study, the effect of DLC coating of a thin film by means of the FVAS (filtered vacuum arc source) analyzed the characteristics of thin film. Surface roughness before and after DLC coating was measured and the result showed that the surface roughness was improved after coating as compared to before coating. In conclusion, it was observed that DLC coating of the ultra hard alloy core surface for molding had an effect on improving the surface roughness and shape of the core surface. It is considered that this will have an effect on improving abrasion resistance and the service life of the core surface.

Tungsten Carbide 표면에 코팅된 Re-Ir 박막의 표면 특성

이호식,천민우,박용필,Lee, Ho-Shik,Cheon, Min-Woo,Park, Yong-Pil 한국전기전자재료학회 2011 전기전자재료학회논문지 Vol.24 No.3

Rhenium-Iridium(Re-Ir) thin films were deposited onto the tungsten carbide(WC) molding core by sputtering system. The Re-Ir films were prepared by multi-target sputtering with iridium, rhenium and chromium as the sources. Argon and nitrogen were inlet into the chamber to be the plasma and reactive gases. The Re-Ir thin films were prepared with targets having atomic percent of 3:7 and the Re-Ir thin films were formed with 240 nm thickness. The Re-Ir thin films on tungsten carbide molding core were analyzed by scanning electron microscope(SEM) and surface roughness. Also, adhesion strength and coefficient friction of Re-Ir thin film were examined. The Re-Ir coating technique has been intensive efforts in the field of coating process because the coating technique and process have been their feature, like hardness, high elasticity, abrasion resistance and mechanical stability and also have been applied widely the industrial and biomedical areas. In this report, tungsten carbide(WC) molding core was manufactures using high performance precision machining and the efforts of Re-Ir coating on the surface roughness.

전파정류방식의 고전압발생장치를 이용한 X선 기기의 특성 평가

김영표,김태곤,이호식,박용필,천민우,Kim, Young-Pyo,Kim, Tae-Gon,Lee, Ho-Shik,Park, Yong-Pil,Cheon, Min-Woo 한국전기전자재료학회 2009 전기전자재료학회논문지 Vol.22 No.6

X-ray system which is usefully used in diagnosis of the patient, being bombed of radioactivity is a big weak point when irradiates a X-ray to the human body so that ICRP restricted the radiation exposure tolerance of the human body. In order to reduce being bombed, the many research and development is now advanced. A lots of diagnostic X-ray machines have currently used due to the increase of occurrence efficiency of X-ray and precisely the output control by using the inverter which is a high speed switching semiconductors. For getting the confidence of the X-ray machine, the same radiation occurrence, same evaluation, and same irradiation condition are necessary when evaluates X-ray irradiation. It is the most important part for the accuracy of the test result and the patient safety. This research has produced the high voltage occurrence system of full-wave rectification method by using the LC resonance inverter, and evaluated the irradiation reproducibility in order to use it in diagnosis of the patient.