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What is the Purpose of Patent Law?
The patent system is a mechanism that protects and utilizes inventions, supporting technological innovation. This article provides a detailed explanation of the purpose of patent law, the definition of “invention,” and the conditions for a patent to be granted. By understanding the basics of the patent system, which contributes to industrial development and the creation of new technologies, you can prepare for obtaining a patent.

Purpose of Patent Law
The purpose of patent law is “to encourage inventions by protecting and utilizing them, thereby contributing to the development of industry” (Article 1 of the Patent Act). Since inventions are intangible ideas or concepts, they are not as easily possessed or controlled as physical objects. Without appropriate protection through a system, inventors might tend to keep their ideas secret, which would prevent effective utilization and lead to the risk of others duplicating the same research, wasting time and resources.

The patent system was established to address these issues. By granting inventors exclusive rights (patent rights) for a certain period, it protects inventions while also promoting their disclosure, encouraging use by others, and advancing technology.

This way, inventions become a common asset of humanity, providing opportunities for improvements and new inventions. Thus, the patent system supports technological development and contributes to the growth of the entire industry.

Definition of “Invention” under Patent Law
Article 2 of the Patent Act defines an “invention” as a highly advanced creation of technical ideas utilizing natural laws. This definition includes the following four requirements:

1. Utilization of Natural Laws
“Natural laws” refer to scientific laws empirically confirmed in nature, such as the law of conservation of energy or the law of universal gravitation. To be recognized as an “invention” under patent law, the solution to the problem must utilize natural laws.

Example of a patentable invention: Wind power generation device (a device that converts the kinetic energy of wind into electrical energy)
Example of a non-patentable item: Mathematical formulas (abstract concepts not utilizing natural laws)

2. Technical Idea
An “invention” under patent law must involve a technical solution. Mere personal skills, artistic expressions, or simple presentations of information are not considered technical ideas and are not patentable.

Example of a patentable invention: Autonomous driving technology (technology that enables automatic control of vehicles)
Example of a non-patentable item: Forkball pitching technique (dependent on personal skill) or paintings and sculptures (aesthetic creations, not technical ideas)

3. Creation
An invention must be a creation; mere discoveries of natural substances are not patentable. However, chemical substances isolated and purified from natural substances or new substances obtained through artificial manipulation may be recognized as inventions.

Example of a patentable invention: Antibiotics (compounds obtained by isolating and purifying natural substances)
Example of a non-patentable item: Discovery of wild plants in their natural state

4. Advanced
“Advanced” is a criterion to distinguish from “devices” under the Utility Model Act. However, an invention is not denied recognition solely for not being advanced. The Patent Act emphasizes more concrete and feasible technology.

Example of a patentable invention: New battery technology using nanoparticles (involving advanced technical contributions)
Example of a non-patentable item: General shape modification of nails (often not considered advanced technology)

Conditions for a patent to be granted
Not all inventions are eligible for patents; they must meet several stringent requirements. Here are the requirements with examples:

1. Industrial Applicability (Article 29, Paragraph 1 of the Patent Act)
The invention must be industrially applicable. “Industry” includes a wide range of fields such as manufacturing, agriculture, services, and transportation. Items used solely for academic or experimental purposes are not patentable.

Example of a patentable invention: New medical devices or agricultural drone technology
Example of a non-patentable item: New chemical reactions usable only in laboratories

2. Novelty (Article 29, Paragraph 1 of the Patent Act)
The invention must be “new.” Inventions already publicly known or practiced are considered to lack novelty and cannot be patented.

Example of a non-patentable item: Inventions announced on TV shows or products sold in stores before the patent application

3. Inventive Step (Article 29, Paragraph 2 of the Patent Act)
The invention must not be obvious to a person skilled in the art. Simple improvements or combinations of existing technologies may be considered to lack an inventive step.

Example of a non-patentable item: Combining an existing outboard motor with an aerial propeller or applying chair casters to desks

4. Priority
Based on First-to-File Principle (Articles 39 and 29-2 of the Patent Act) If more than one application is filed for the same invention, the first to file has the right to obtain a patent. This is known as the “first-to-file” principle. It is important to file an application as soon as the invention is completed.

5. Not Contrary to Public Order and Morality (Article 32 of the Patent Act)
Inventions that harm public order or morality, or public health, are not patentable. Even if technically new, inventions with ethical or social issues are not recognized.

Example of a non-patentable item: Technology for obtaining humans through genetic manipulation

6. Proper Description in the Specification (Article 36 of the Patent Act)
To disclose the technical content of the invention and clarify the scope of the patent, the specification and drawings must be accurately and concisely described. It is also mandatory to disclose known prior art at the time of application.

Conclusion
Preparing for and filing a patent application requires specialized knowledge and accurate judgment. For questions about the patent system or to confirm whether an invention meets the conditions for receiving a patent, it is advisable to consult with experts.

For any concerns or inquiries about patents, please contact SK IP law firm.