특허권의 정당성에 관한 이론의 전개와 전망

The Justification of patent has long been debated by scholars. The debates would be divided into two class at large. One is based on the natural rights. The other is based on the Utilitarian aspect. The first possession, Lockean and Hegelian theories are categorized as the natural law justification, whereas economic based reward theory, contract theory, law and economics, prospect theory, patent-induced theories, rent-dissipation theory, race-to-invent theory are utilitarian and economic based theories. Historically, the debates had been focused on the justification of monopoly on the intangible property. In recent, however, the debates have been changed the justification to the proper patent institution under civil society. Thus, we might understand the reason that the non-obviousness requirement for the acquiring patent came on a hop-pot. The natural rights perspective is still alive. Whenever the new paradigm of intellectual properties such as data base, business model, comes, we call the natural rights justification for the protection of those matters. In the western jurisprudence of intellectual property law, the justification of monopoly on the intangible property begins as the first step to scholastic approach. The western jurisprudence has a strong point to this work.