@article{ART002502235},
author={Jongho Kim},
title={The Inventive Step in the US Patent System -Issues and Status of Inventiveness Judgment in the Examination of Patent Application-},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2019},
volume={7},
number={3},
pages={37-70}
TY - JOUR
AU - Jongho Kim
TI - The Inventive Step in the US Patent System -Issues and Status of Inventiveness Judgment in the Examination of Patent Application-
JO - Legal Theory & Practice Review
PY - 2019
VL - 7
IS - 3
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 37
EP - 70
SN - 2288-1840
AB - In patent law, inventive step, inventiveness means that the invention was not easily achieved by experts in the field according to the prior art. It is one of the requirements for receiving a patent right for invention. In judging the inventive step progress, it is a problem to judge what is prior art and when and who can easily achieve it. What is prior art has the same problem as the prior art of novelty. Prior art at the time of completion of the invention to be examined or prior art at the time of filing petition, or whether it is known to the world or notified to a specific country.
There is a problem in saying that progressiveness is not always easy to accomplish. There are a number of countries that judge on the basis of when a patented invention was completed or when it was filed. It is an example of each country to state to experts in the technical field that progressiveness is not easily attainable to everyone, but it is obvious and there is a problem that the skill level of the experts in the technology field varies from person to person.
Generally, a hypothetical person who can exert a common creative ability in the technical field is assumed. This is called a person skilled in the art. Nevertheless, there is still a problem of assuming a certain level of creative ability. It is considered difficult to determine only to what extent a person skilled in the art having the ability to create, that is, how easy it is to facilitate the technology to be judged by the provisions of the statutes. Therefore, it is important to judge the progressiveness of judgments by the Patent Office of each country and the judgment of the courts of each country.
This article discusses the social system and the patent system in Chapter II. In Chapter III then discusses the basics of the US patent law’s progressivity and operating standards. In particular, article 103 of the US Patent Act, the Supreme Court’s Graham judgment holding, and the United States Patent and Trademark Office’s MPEP are reviewed. The following Chapter Ⅳ discusses the verification process of self-identification and describes future tasks in place of conclusions in Chapter Ⅴ.
KW - social system;patent system;Inventive Step;prior art;skill level;creativity;person skilled in the art.
DO -
UR -
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Jongho Kim. (2019). The Inventive Step in the US Patent System -Issues and Status of Inventiveness Judgment in the Examination of Patent Application-. Legal Theory & Practice Review, 7(3), 37-70.
Jongho Kim. 2019, "The Inventive Step in the US Patent System -Issues and Status of Inventiveness Judgment in the Examination of Patent Application-", Legal Theory & Practice Review, vol.7, no.3 pp.37-70.
Jongho Kim "The Inventive Step in the US Patent System -Issues and Status of Inventiveness Judgment in the Examination of Patent Application-" Legal Theory & Practice Review 7.3 pp.37-70 (2019) : 37.
Jongho Kim. The Inventive Step in the US Patent System -Issues and Status of Inventiveness Judgment in the Examination of Patent Application-. 2019; 7(3), 37-70.
Jongho Kim. "The Inventive Step in the US Patent System -Issues and Status of Inventiveness Judgment in the Examination of Patent Application-" Legal Theory & Practice Review 7, no.3 (2019) : 37-70.
Jongho Kim. The Inventive Step in the US Patent System -Issues and Status of Inventiveness Judgment in the Examination of Patent Application-. Legal Theory & Practice Review, 7(3), 37-70.
Jongho Kim. The Inventive Step in the US Patent System -Issues and Status of Inventiveness Judgment in the Examination of Patent Application-. Legal Theory & Practice Review. 2019; 7(3) 37-70.
Jongho Kim. The Inventive Step in the US Patent System -Issues and Status of Inventiveness Judgment in the Examination of Patent Application-. 2019; 7(3), 37-70.
Jongho Kim. "The Inventive Step in the US Patent System -Issues and Status of Inventiveness Judgment in the Examination of Patent Application-" Legal Theory & Practice Review 7, no.3 (2019) : 37-70.
