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The creation is protected by Patent system and Copyright system. There are the Patent approach to protect ideas and the Copyright approach to protect expression. But the Patent system protects only the embodied idea, and requires huge social cost. On the other hand, the embodied idea would be classified by two factors. One factor is how difficult to perform the reverse analysis and the other is weather it is possible determining the embodied idea has inventive step or not. In order to maximize the effectiveness of the Patent system, I suggest that the subject matter of Patents should be focused on the embodied idea that has the inventive step with difficulty in analyzing reverse. To grade incentive upon such point, the Utility Model System can be effectively applied by re- establishing the relationship with the Patent Act and the position as the idea protection law.