창조경제시대의 원동력 창의성과 특허 진보성과의 관계에 관한 고찰

In the creative economy, knowledge-based innovation and value creation are based on creativity as an economic system that is the core of economic growth and innovation is a key element of the new economy. The government is based on a new creative idea, knowledge, concepts and techniques combined with newproducts, services and business creation, and is scrambling to economic growthand job creation through new industry creation. It also knows the best policy that promotes intellectual property rights from innovative ideas and creat esnational wealth. Intellectual property is to promote a knowledge-based economy and strengthens the protection of ecosystem with positive function. It is very important to maintain the harmony so as not to contrary the public interest. Inthat respect, the excessive protection for patents is sometimes said to decrease the use of the invention contrary to the public interest. On the other hand, thein sufficient protection of patent rights which is a real loss to the innovation system can weaken the motivation to create its own intellectual property. Activation of the use of the invention by the public and the objectives of the industrial development of the patent system is dependent on the proper level control of the inventive step requirement. A far less apparent invention inventive step requirement shall occur in accordance with the exclusive rights abuses which unduly impede the third party’s free practice. On the other hand, if the inventive step is too high, valuable inventions are unused or inventors are reluctant to disclose the technology and is contrary to industry development. However, as inventive step requirement is essentially notional, the suitable and specific requirements can be established through the accumulation of the auditpractices, cases and judgments. Recently, the United States and Korea tend to apply strictly to higher level of inventive step requirement and criteria since 2007 KSR ruling. We shall be attentive to too high an inventive step requirement considering the present the significance of patent system. In addition, due to the increasingly faster pace of technology and the complex phenomena of society the judgment of inventive step is becoming more difficult. Inventive stepby providing the appropriate requirements based on creativity, innovation, PHOSITA, technological level, and flexible TSM test and so on to create the invention will properly implement the creative economy development.