헬스케어 발명특허와 기술사업화

발명 특허란 무엇인가 ···································································································································································· 16

특허출원 전 준비사항 ···································································································································································· 20
선행기술조사와 특허 데이터베이스 20
특허맵의 활용 23
인용문헌 및 조사보고서 26

특허출원 절차 ······························································································································································································· 29
특허청 제출서류 작성 29
출원 수속 진행 절차 30
특허출원 시 유의사항 31
권리 측면에서 특허제도 살펴보기 ························································································································ 33

[판례로 보는 바이오의료기기 특허소송]
# 1 코비디엔, BIS 모니터링 기기개발 애스펙트사 인수 37

특허 명세서 작성법 ············································································································································································ 40
특허공보 40
특허 명세서 구성 42
‘발명의 상세한 설명’ 파트의 활용 43
청구항 작성시 유의사항 45

거절통지에 대한 대응전략 ··················································································································································· 47

해외특허······················································································································································································································· 49
출원 기한과 절차 49
해외 출원과 속지주의 52

디자인 특허와 상표권········································································································································································ 54

[판례로 보는 바이오의료기기 특허소송]
#2 박스터, 마취제 용기 특허에 대해 경쟁사 고소 56

의료관련 발명과 보건의료기술 ··································································································································· 58

특허제도 이모저모 ··············································································································································································· 62
출원공개제도란? 62
선사용권 제도란? 63

특허침해의 판단과 대응법 ··················································································································································· 65

[판례로 보는 바이오의료기기 특허소송]
#3 애플워치, 마시모의 특허침해로 수입 금지 조치 68

신산업분야 특허 동향과 전망············································································································································· 71

헬스케어 영역에서 인공지능기술······························································································································ 73
인공지능 특허출원 전략 74
인공지능 특허를 받기 어려운 사례 77

보건의료 신기술 특허출원 전략····································································································································· 81
사물인터넷(Internet of Things, IoT) 81
디지털치료제(DTX) 82
생성형AI 83
SaaS (Software as a Service) 84
비지니스모델(BM, Business Model) 특허 85

바이오 기술개발과 특허································································································································································ 86

[판례로 보는 바이오의료기기 특허소송]
#4 머크의 블록버스터 특허만료일 단축 소송 89

연구개발 단계에서 특허 정보 활용·························································································································· 91
연구성과물로서 특허··········································································································································································· 94
학술논문과 특허의 관계 94
학회에 발표한 기술의 특허보호 98
논문 발표 시 국내우선권 주장출원의 활용 99

직무발명이란?···················································································································································································· 101
직무발명 제도의 이해 101
대학교수 및 겸직 교원의 직무발명 104

외부기관과 공동연구 수행 시 주의사항········································································································· 107
외부기업과의 공동연구과제 107
해외 연구자와의 공동연구과제 108

MZ연구원들과 일하기········································································································································································ 110
‘3요’를 아시나요? 110
MZ세대의 특징 #1. 수평적 문화 선호 111
MZ세대의 특징 #2. 가치 있는 일을 하고 싶다 112
MZ세대의 특징 #3. 개인 취향과 사생활을 중요시 114
그렇다면 ‘3요’에 대한 적절한 대응은? 115

연구기관의 특허경영 및 기술사업화 전략································································································· 117
비밀유지계약이란? 121
기술이전 협상전략 123
기술료 책정 125
성공적인 기술마케팅 전략 127

기술가치평가와 기술성숙도·················································································································································· 130
기술가치평가 절차 130
기술성숙도 TRL 지표 132

[판례로 보는 바이오의료기기 특허소송]
#5 국내중소기업, 글로벌기업 상대로 특허분쟁 승리 135

기술지주회사······································································································································································································ 137

미국과 한국 대학의 기술사업화 방식의 차이······················································································ 140

직접사업화를 위한 스타트업 설립····························································································································· 144
창업 절차 및 관련 법령의 이해 144
개인기업과 법인기업의 차이 145
사업계획서 작성시 유의사항 147
스타트업과 특허출원전략 ························································································································································· 148
스타트업에서 지식재산권 보유 필요성 149
사업계획서와 기술가치평가의 활용 151

기술기반 스타트업의 자금조달과 투자유치 전략········································································ 152
자금조달과정에서 특허의 역할 152
기술기반창업에서 투자유치자료(IR) 155
국내외 헬스케어 투자환경과 병원기반 교수창업········································································ 158
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미국 대학 창업교육 프로그램과 교수창업 지원 정책····························································162

미니 인터뷰 조지아텍 의공학과 여운홍 교수 168
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참고자료 170
별첨1. 산학연협력기술지주회사 설립운영 현황(2021.12.31. 기준) 171
별첨2. 병원기반 교수창업기업 현황(2022년말 기준) 174
별첨3. 미국 주요 대학의 교직원 스타트업 창업 규정183