우리나라 진보성 판단 시 성공에 대한 합리적 기대 기준의 도입 필요성에 대한 연구 - 특허법원 2016. 1. 21 선고 2014허4913 판결을 중심으로 -

Patent Offices and Courts of many countries (including Korea, United States and EU) have made efforts to improve the Non-obviousness Standard to be more objective and predictable. Recently, Case No. 2014HUR4913 of the Patent Court of Korea suggested Reasonable Expectation of Success(RES) as a Standard for determining Non-obviousness on Medical use invention of anti-cancer. Therefore, this article aims to analyze the necessity of introducing Reasonable Expectation of Success Standards from Case No. 2014HUR4913 of the Patent Court of Korea to determine Non-obviousness in Korea. This article proceeded follows: (1) To identify the Reasonable Expectation of Success Standards from Case No. 2014HUR4913 of the Patent Court of Korea (2)To check the Reasonable Expectation of Success Standards in determining Non-obviousness of Korea and United States (3) To review the actual meaning of Reasonable Expectation of Success Standards, and (4) To analyze the necessity of introducing Reasonable Expectation of Success Standards in Korea This article says that there is no necessity of introducing Reasonable Expectation of Success Standards to determine Non-obviousness in Korea. Because Our Patent Office and Court already apply to Reasonable Expectation of Success as a Standard for determining Non-obviousness from the viewpoint of the actual meaning of Reasonable Expectation of Success. The actual meaning of Reasonable Expectation of Success is considering the difficulty of combination to determine Non-obviousness in order to prevent hindsight.