earticle

영어

The interpretation of 'ordinary skilled person in the art' in Korean patent articles 29 (inventive step) and 42 (description requirement) is important for defining requirement of specification of invention, scope of amendment allowance, and scope of what protection is sought. The meaning of 'ordinary skilled person in the art' between Korean patent article 29 and article 42 differs in point of 'field of technical art,' 'level of technique,' 'number of person,' 'using language,' and 'scope of technical art.' I suggest that the meaning of 'ordinary' in 'ordinary skilled person' of Korean patent law article 42 should be regarded as 'normal,' or 'average' level of knowledge in a specific technical field. On the other hands, the meaning of 'ordinary' in 'ordinary skilled person' in Korean patent law article 29 should be regarded as 'normal understanding' of the upmost high level of technique in the art. It is necessary and prior thing to define 'field of technical art,' 'level of technical art', and then define 'ordinary skilled person in the art' before judging inventive step and description requirements.