[Expert Column] The Essence of Patent Rights and the Development of Human Civilization: ‘The Shoulders of Dwarfs and Giants’By Patent Attorney Sung-pil Hwang (hwangpa-hsp@hwangpa.com)

[Expert Column] The Essence of Patent Rights and the Development of Human Civilization: ‘The Shoulders of Dwarfs and Giants’ By Patent Attorney Sung-pil Hwang (hwangpa-hsp@hwangpa.com)

Registered: Feb 18, 2019, 06:17:52 (KST)

(Tax & Financial Times = Patent Attorney Sung-pil Hwang) In a letter written in 1676 by Isaac Newton during an argument over scientific merits with his rival scientist Robert Hooke, the following sentence is said to have appeared

“If I have seen further, it is by standing on the shoulders of giants.”

While this is widely known as Newton's own phrase, it is actually a saying that has been passed down since ancient times. In the case of Newton, considering that he was known to have a rather narrow-minded personality compared to his scientific achievements and had many conflicts with fellow scholars, many question the true intent behind this sentence.

Be that as it may, Newton’s inclusion of this phrase can be interpreted as a confession that his own achievements were profoundly influenced by predecessor scientists such as Copernicus, Kepler, and Galileo.

Great achievements are not built overnight. They are made possible only when based on a deep understanding of the experiences, discoveries, inventions, knowledge, and wisdom of numerous past visionaries.

Securing a patent under the Patent Act a system designed to protect inventions is no easy task. After a tremendous amount of time spent on research and effort, a patent is finally granted only when a novel idea that did not exist before is recognized.

On the other hand, it often makes me wonder whether inventors themselves realize that their registered patents are, in fact, built upon the achievements of countless giants such as Pythagoras, Archimedes, Newton, and Einstein.

The Patent Act defines an "invention" as the highly advanced creation of a technical idea utilizing the laws of nature. The laws of nature discovered by scholars like Newton represent the uncovering of natural phenomena; although they themselves are not the subjects of protection under intellectual property rights (the Patent Act), they hold an even greater significance.

Only technical ideas derived based on the laws of nature are recognized as inventions. If the state were to grant an exclusive monopoly based on an individual's foresight or human dexterity that cannot be explained by the laws of nature, no one would recognize the authority of a monopoly founded on such an irrational theory.

The laws of nature hold immense significance in establishing the legitimacy of granting patent rights. They render an invention a rationally persuasive entity. When one's own idea based on the laws of nature is recognized for its originality, a patent under the Patent Act can be obtained from the state. The registration process for a patent is by no means easy.

An inventor can own patent rights, and a creator can own copyrights. Copyrights do not require any special formalities. It is a right that arises the very moment creation occurs. In contrast, a patent right is a right that is generated only after being registered through the filing of an 'application.'

While one can also apply for registration in the case of copyrights, registrations are rarely rejected because the authority does not conduct a substantive examination to determine whether there is a distinct creativity different from pre-existing works.

In the case of patents, the authority examines whether the invention is identical or similar to publicly known inventions (novelty), and whether it could have been easily created from publicly known inventions or combinations thereof (inventive step). Is it because patents are obtained through such a difficult process?

After obtaining a patent registration, I frequently witness unfortunate cases where inventors waste significant amounts of time and energy by obsessing solely over the fact that their invention received a patent. It is not uncommon for some inventors to spend unnecessary years after patent registration trapped in a self-destructive obsession (known as 'Juhwaipma') over their own achievements, accompanied by a deep distrust of the world (Note: a registered patent's term of existence is 20 years from the filing date).

Some complain that their invention itself is an unprecedented and magnificent feat in human history, yet people fail to recognize it. Others are seized by the fear that their business partners or conglomerates will steal it, preventing them from properly commercializing it.

Of course, it is true that an appropriate amount of time is required to realize a new technology and to make people understand it. However, obsession is unnecessary. A patent is merely a patent. There is absolutely no reason why the world must recognize a technology, why someone must invest in it, or why the government must officially adopt it simply because it received a patent

Inventions are Grounded on the Achievements of Predecessors Called 'Giants'

There is a passage in the Analects of Confucius (論語): "Do not worry that others do not know you; worry that you do not know others." A patent simply means an exclusive monopoly for approximately 20 years over an invention utilizing the laws of nature that can be implemented in the future.

No matter how excellent a technology may be, a technology ahead of its time that fails to guarantee safety and practicality remains a distant reality. Until recently, basic technologies related to autonomous vehicles were considered impossible, but now everyone views them as realistic.

However, as the risk of accidents that can occur with autonomous vehicles has become a major issue, immediate commercialization has slowed down. And that is the correct path.

An "invention by a dwarf riding on the back of a giant" who discovered the laws of nature can make humanity far more prosperous. With a new invention that is incomparable to the giant's discovery, a dwarf can create a wonderful world. Yet, all of this is possible only because the giant existed in the first place.

Robert K. Merton, a sociologist of science, argued that the very notion of attributing credit entirely to a single individual is fundamentally flawed. He asserted, "All creators are situated within a space and time surrounded by others, and they inherit concepts, contexts, tools, methods, data, laws, principles, and models from numerous others, whether dead or alive."

While it may be true that you have registered a great patent, instead of wasting enormous energy and time obsessing only over investment and commercialization for that specific patent, trying another new challenge is not a bad idea. In any case, a patent has a fixed term and remains effective as an exclusive and proprietary right as long as it is not invalidated, so biding one's time is also a viable strategy.

You may blame yourself because the world does not recognize a great invention, but there is no need to over-obsess. The great giants are always kindly by our side, continuously encouraging us to make even better inventions.

Galileo Galilei, one of the great giants, muttered to himself as he walked out of the courtroom, "And yet it moves." Nikola Tesla, a great physicist and electrical engineer, ended his life in a cheap New York hotel, but was resurrected through the American electric vehicle company 'Tesla.' Your patent will one day be beautifully realized and can make significant contributions to humanity. This is because your patent will inevitably and compulsorily be disclosed to the world under your name through the patent publication system.

[프로필] 황 성 필

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