주지관용기술을 적용한 발명의 진보성 판단

This paper, after analyzing theories of the U.S.A., Europe and the Republic of Korea, defines well-known knowledge or common general knowledge as a technology generally known and accepted without question to the skilled person in the relevant art. Generally, a knowledge described in several textbooks could be accepted as a common general knowledge. However, a knowledge described in one or a few patent specifications hardly be accepted as common general knowledge. A knowledge which was generally known and accepted without question even to laypersons can be introduced without a proving evidence. Even over contrary contentions, the Examiner can decide based on the common general knowledge. Furthermore, a knowledge which was generally known and accepted without question to the skilled person in the art can be introduced without a proving evidence. However, in this instance, if there is a contrary contention, the person who rely on the common general knowledge shall introduce a supporting evidence, regardless whether the procedure is before the Patent Office, the Board or the Court.