earticle

영어

An invention is generally classified into either product-invention or process-invention under Korean Patent Law. The category in which an invention is classified is of critical importance, for the scope of enforcement of patented invention is significantly changed depending on the category of the invention. The criterion for the classification has been closely related to element of time such as lapse of time in the invention. In this article, the rationale of the classification is critically reviewed and a new and unambiguous criterion for the classification is suggested based on the essential characteristics of the classification. Application of the suggested criterion, occupancy of space disregarding the scale of the occupancy, to invention related to computer program shows that computer program can be classified into product-invention so long as the computer program is intended for the operation of a computer and the computer program is consisted of physical entities.