Can Social Science Be Patented?
Pine IP
May 15, 2025
We are in an era of intangible assets. We have witnessed how a single, original idea can change the world and create immense added value. In this current, researchers in the social sciences—a field dedicated to the deep exploration of human behavior and social phenomena—are increasingly contemplating how to protect and leverage their intellectual achievements. A common question many ask is, "Can my research, or my social scientific insight, be patented?"
To give the conclusion first: while a social science theory in and of itself is difficult to patent, the door to patentability opens wide when its principles are combined with a "technical idea utilizing the laws of nature" to achieve a concrete "technical implementation."
The Korean Patent Act defines an invention as "a highly advanced creation of a technical idea utilizing the laws of nature." Here, "utilizing the laws of nature" refers to objective, inherent principles of the natural world, such as those in physics, chemistry, or biology. A "technical idea" refers to an idea that solves a specific problem through concrete means in a repeatable manner.
According to this definition, a pure social science theory—such as a new economic model, a psychological principle, or a pedagogical methodology—is unlikely to qualify for a patent on its own. This is because concepts rooted in human mental activities, social conventions, or economic laws are not considered laws of nature. They often remain abstract ideas or simple discoveries. For instance, the loss aversion theory from behavioral economics, which states that "people feel losses more acutely than gains," or the educational principle that "learning through stories enhances memory," are, in themselves, not patentable.
Does this mean social science wisdom is forever barred from patent protection? Not at all. The key lies in how a social scientific insight is technically implemented to contribute to solving a concrete problem. In other words, even if a social science principle is the starting point of an idea, its patent potential is significant if it is combined with technical means—such as computer systems, software algorithms, specific devices, or platforms—to create a new technical effect.
Consider the following examples:
As illustrated, when a social science principle contributes to solving a technical problem, and the means of that solution are expressed as a concrete system or method possessing novelty and an inventive step, it can be recognized as a valuable patent.
Among domestic cases where a social scientific idea met technical implementation and was granted a patent, the patent related to the "Magic Thousand Character Classic" (마법천자문) learning material is highly instructive. The core of this invention was the unique implementation of the educational methodology—"learning Chinese characters through images and storytelling"—within the specific medium of a "comic book."
A look at the patent claims reveals the focus is not on the simple learning idea, but on the "concrete composition and expressive method of the textbook." The claim reads, "...a Chinese character learning textbook, characterized in that each scene frame of the comic includes the target Chinese character and an image related to the shape or meaning of said character, wherein said image is presented in connection with the story."
This was recognized as a concretization of a technical idea. To solve the problem of effective character learning, it deployed a specific technical arrangement within the "product" (the textbook), where the comic, characters, and related images were configured in a particular relationship. (See Patent Court Decision 2009Heo351). The Magic Thousand Character Classic case demonstrates that even an abstract educational methodology can be patentable if its implemented medium features a distinctive technical composition (e.g., method of expression, information arrangement). While the characters and story fall under copyright, the unique "technical system" of the textbook that realized the learning principle was protectable by a patent.
If you aim to connect your social science research to a patent, keep the following in mind:
In the era of the Fourth Industrial Revolution, the convergence of humanistic and social insights with advanced technology is becoming ever more critical. The social sciences provide a deep understanding of humanity and society, which serves as a vital foundation for creating innovative technologies and services. While a pure theory is difficult to patent directly, when that wisdom meets technology and blossoms into a concrete system or method, it can be protected as a powerful intellectual property right.
To ensure your ideas transcend mere thought and are fully realized and protected as powerful patents, let Pine IP Firm be your trusted guide. We invite you to turn your innovative challenges into reality through the expert consulting of our seasoned patent attorneys. Knock on the door of Pine IP Firm for a consultation today.
