직무발명 보상금 산정요소로서의 공동발명 기여율 산정방법 - 법원의 판결례와 법원이 고려한 정황에 대한 분석을 중심으로 -

The following are the improvement measures for the method of calculating of co-inventions contribution rate as a factor of calculating for employee invention remuneration that I propose. First, the court should analyze the various circumstances that appear in the case and go through a comprehensive evaluation process to calculate the final co-inventions contribution rate. Second, the court should not recognize co-inventions contribution rate stated in the notice of completion of employee inventions as co-inventions contribution rate. And the court should calculate the co-invention contribution rate anew to match the substantive relationship of the case through analysis of the circumstances of the case, regardless of the co-invention contribution ratio stated in the notice. Third, in cases where there are multiple employee inventions subject the calculation for employee invention remuneration, the court should calculate co-inventions contribution rate for each employee invention individually. Fourth, in calculating co-inventions contribution rate, the court should take into account the ‘leadership in research’ and ‘degree of involvement in research’ of the specific employee who is the co-inventor. Fifth, if there are no circumstances for calculating the co-invention contribution rate in the case, even if it is possible to determine that the co-invention contribution rate is equal, before making such a determination, the court should induce the submission of circumstances regarding the ‘leadership in research’, ‘degree of involvement in research’, ‘position and title’, ‘date of employment’, ‘educational background’, ‘career and experience’, and ‘knowledge’, so that the co-invention contribution rate can be calculated based on as diverse circumstances as possible.