인공지능 활용에 따른 특허법상 통상의 기술자 기술수준에 관한 연구

The rapid development of artificial intelligence technology is triggering discussions that require many changes in the patent law system in recent. This is because the patent law does not sufficiently reflect a series of innovations that began with the development of technology. One of the discussions concern the concept of skill level of ‘a person having ordinary skill in the art(PHOSITA)’ in determining inventive step(non-obviousness). This is the point where the most prominent theoretical gap in the patent law system arises due to the innovation of artificial intelligence technology. However, the development of artificial intelligence technology has derived a new type from the instrumental use of invention. This new type is a transitional stage in the flow of technological development and at the same time corresponds to our current state of reality, but there is still a lack of related discussions. Change in the level of ordinary skills of PHOSITA is a very important requirement, as it directly affects the degree of patent rights grant. The inventor’s ability to invent and the skill level of PHOSITA should be operated systematically linked with the patent system. Despite the change in the inventor's ability to invent, there is a gap with the skill level of PHOSITA. Therefore, it is necessary to reorganize the patent law system. This article examined how the newly derived instrumental use type of invention affects the inventor's ability to invent due to technological advances. Also, it considered corresponding measures in the Patent Act to respond to changes in standards to determine the skill level of PHOSITA.