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KIPO carries forward a plan to activate the Madrid international trademark application filing system so that a trademark can be registered in a foreign country(ies) using the easy and economical Madrid system (News letter No. 280)

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KH

Post Date 

2014-01-16

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1. KIPO carries forward a plan to activate the Madrid international trademark application filing system so that a trademark can be registered in a foreign country(ies) using the easy and economical Madrid system

The Korean Intellectual Property Office (KIPO) will establish and operate the plan to support the activation of the Madrid international trademark application filing system.

Last year, the number of the Madrid international trademark applications filed by Korean applicants was 551, reaching 16th in the world ranking. This is a big difference in comparison with the rankings of the other intellectual property applications filed by Korean applicants, that is, the number of the Korean trademark applications filed by Korean applicants ranked fourth in the relevant world ranking and the number of the PCT international patent applications filed by Korean applicants was ranked fifth in the relevant world ranking. Accordingly, KIPO plans to strengthen the activities of improving the awareness of the Madrid system.

For small and medium companies being mindful of foreign market entry, KIPO decided to carry out Madrid matching consulting on a trial basis. This Madrid matching consulting is to establish the strategies of filing foreign trademark applications according to the type of business and the characteristics of goods.

Further, KIPO plans to open a presentation of the Madrid system for export companies by making a tour of the country locally.


2. Patent registration of ‘big data’ is active…the number of the patents for registration approached about 1000 during the last three years

The number of the ‘big data’ related patents for registration was recorded as reaching about 1000 during the last three years. A defensive demand for a new IT is considered as big, taking an opportunity of the patent war of the global companies, such as Samsung Electronic, Apple, etc.

According to Korea Intellectual Property Rights Information Service (KIPRIS), the number of the patent laid open publications for registration for the ‘big data’ during the last three years was 942, of which over 200 were registered this year.

Specifically, the patents related to the big data search and social analysis fields have a large percentage. This is because of the expansion of the social network service (SNS), such as facebook, twitter, etc.

A person in charge of the IP information service of KIPRIS said, “[S]ince many companies are reluctant to disclose the patent matters for registration, there is no phrase “big data” in the titles of the patents for registration but it is mentioned many times in the contents.” The person analyzed that many patents for registration in addition to the published patent information have been progressed.

According to the experts in the relevant industry, as the big data has raised as the biggest issue in the IT business industry, many relevant solution companies are considered as having competitively filed the patent applications. Furthermore, as companies and public agencies have recently carried forward the big data projects on a trial basis, they are considered as having focused on the patents for registration.


3. KIPO will operate a package examination system customized for a company’s strategies

KIPO announced the operation of the ‘package examination system customized for a company’s strategies. Under this system, a number of patent/utility model applications related to one product or convergence technology are examined at the time when an applicant wants.

When an applicant uses this system, the applicant can be notified of the results of the patent/utility model examination, at the same time, at least within two months.

An applicant’s patent/utility model applications of invention(s)/device(s) to be carried out or prepared for businesses and patent/utility model applications of invention(s)/device(s) to be related to exportation to foreign countries can request the package examination. Applications filed by a technical innovation type small/medium company or a single person creating a company (1 creating company) fall under the request for the package examination.

In the case where the parts supplied from a small/medium company are included in the products of a big company, even though the applicants are different from each other, the small/medium company’s and the big company’s relevant applications can be examined at the same time. The request for package examination is available at the online patent application filing site, www.patent.go.kr.


4. Programs•smart phone apps are granted as patents

In the future, programs or smart phone apps (applications) will be also protected by patents.

KIPO announced to improve the patent system regarding a program invention as a part of strengthening the creative idea protection. The improved system will be enforced from the second half of this year.

The main gist of an improvement scheme is to clearly define a term(s) claimed as a right of a program and to expand an object of protection of an invention to a category according to the program.

Once the system is put into force, even though the claim description form of a patent right includes a ‘program’, ‘smart phone app’, ‘platform’ or ‘middleware’, all will be acceptable to be granted as a patent.

The number of Korean patent applications related to program inventions reaches more than 10,000 every year. However, only when the claim description form of a patent right is a recording media recording a program, such as CD, it is acceptable as a patent right. Thus, more than 500 applications per year are not granted as a patent right.
 

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Korean Intellectual Property Office (KIPO) will shorten a patent examination processing period to 11.7 months(News letter No. 281)

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KIPRIS, a Korean IP information net, expands providing a machine translation service for free (News letter No. 279)