교수와 대학(원)생의 공동발명 인정과 보상기준에 관한 연구

In case where the professor and graduate student jointly complete invention substantially, since both of all are to be the joint inventors, the patent right should be obtained by describing names of the professor and graduate student in inventor section of patent application, and instead thereof, in case where profit is created through technology transfer of the corresponding patent right etc, proper compensation should be provided to the professor and graduate student according to the contribution rate. However since the professor and graduate student have not simple occupational relationship between subordinates but have relations of the teacher and student in an academic and a human, it is difficult to assert as the joint inventor in an equal footing. Further since standard of decision whether the professor and graduate student substantially complete jointly is not clearly established and also standard of decision on which the professor and graduate student contribute in a certain degree to completion of invention thereof is not clearly established, the graduate student does not enjoy right being able to provide proper compensation although the graduate student substantially contributes to completion of invention. Accordingly in case where the graduate student participating in study as an employee of University Industry-Academy Cooperation performs study under the guidance of the guidance professor and contributes in creation and derivation of invention, standard of decision for recognizing the graduate student as the joint inventor and calculation standard being able to proper compensation are needed to be established.