파라미터 발명의 성립성(적격성)에 관한 연구

This paper focuses on the patentability of parameter inventions under patent law, examining the requirements for invention establishment and the criteria for determining incomplete inventions. A parameter invention is one that incorporates physical or chemical properties or multiple variables, which are creatively defined and included as components of the invention, and it has rapidly increased, particularly in the fields of chemistry, metallurgy, and pharmaceuticals, along with advancements in measurement technologies. However, due to its inherent characteristics, the substance of a parameter invention is difficult to ascertain, which leads to uncertainties in the assessments of novelty, inventive step, and infringement. This study analyzes the requirements for a parameter invention to be considered a valid invention based on the definition of “the creation of a technical idea utilizing natural laws” as stipulated in Article 2(1) of the Korean Patent Act. In particular, the paper discusses in detail the criteria for distinguishing between non-invention (where the subject matter does not qualify as an invention) and incomplete inventions (where the invention is not fully realized). This study emphasizes the need for clear distinctions between the patentability of parameter inventions and incomplete inventions, with particular attention to the requirements for disclosure in the patent specification. The research concludes that while non-invention does not require an independent criterion except for cases where the invention does not utilize natural laws or is merely a discovery, incomplete inventions, where the technical idea is not fully realized or reproducible, require a separate and specific standard.