The purpose of this study is to propose a method to objectify how effectively determine criteria for novelty and inventive step for boosting students' invention.
Patent system aims to contribute to developing industry by encouraging and protecting...
The purpose of this study is to propose a method to objectify how effectively determine criteria for novelty and inventive step for boosting students' invention.
Patent system aims to contribute to developing industry by encouraging and protecting inventions. Therefore, it is necessary to determine strict criteria for novelty and inventive step in order to invest inventors with exclusive rights for a certain period and transparent and objective data are needed in applying the criteria.
For this end, this study examined theories and judicial precedents concerning novelty and inventive step prescribed in the patent law. In particular, requirements on judgment of inventive step prescribed in the second clause of Article 29 is closely related to the essence of patent system but aforementioned requirements are so abstract that it is difficult to clarify the concept and prepare criteria for judgment and there are various theories and judicial precedents .
The objective of student invention contest is to strengthen future national competitiveness by encouraging young people to have an interest in invention. For this reason, student invention contest plays an important role in improving future national competitiveness. At present, in Korea, Ministry of Education and Korean Intellectual Property Office are pushing ahead with projects such as invention class and invention contest to boost the invention of young people. What is directly related to students' career is invention activities of high school students. Extra points can be added for those who win an award in invention contest as admissions officer based selection is considered important in college entrance. However, when analyzing main points and regulations of National Student Science Invention Contest, it is revealed that there are differences in judging novelty and inventive step prescribed in the Patent Law, which may allow judges to make an arbitrary judgment.
There are lots of problems such as determination of person skilled in the art, correction after submitting entry, and prior arts in judging novelty and inventive step, which requires for research to solve aforementioned problems in order not to damage impartiality and reliability of student invention contest. Adjusting present main points and regulations of National Student Science Invention Contest to college entrance system can help minimize problems when award winning work given by judgment of judges becomes void due to legal disputes.
It is necessary to objectify criteria for judging novelty and inventive step based on research in order to enhance reliability of student invention contest and manage data starting from preliminaries so that they can be used as prior arts in judging novelty and inventive step. Adjusting criteria for inventive step in a timely manner by taking special characteristics into consideration will help boost inventing activities and manage students who win an award at a contest appropriately.