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You can learn from the start of filing a foreign application to the end thereof (News Letter No. 313)

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KH

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2015-06-04

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1. You can learn from the start of filing a foreign application to the end thereof

On May 22, 2015 in Seoul, the Korean Intellectual Property Office (KIPO) held a presentation to introduce the steps of filing an international application, from the step of preparing an international application to the step of dealing with a dispute regarding a foreign intellectual property (IP) right.

This presentation introduced not only the contents of the PCT, Madrid and Hague international application systems and their procedures but also the information of the program supporting international application filing fees and a know-how to deal with a foreign IP right-related dispute, which are needed in the before and after steps of filing an international application.

The head of the international application department said, “through this presentation, it is expected to be an opportunity for medium and small companies having an overseas market expansion in mind to easily access the international application filing procedures and at the same time to provide a good chance to learn the plans to prevent a foreign IP dispute from the step of filing the application and the know-how to deal with a possible dispute.”


2. Five (5) Patent Offices in the world adopted an ‘IP5 joint declaration’ including a cooperative blueprint

-The five (5) Patent Offices jointly promised to improve a global IP service by strengthening the cooperation among them.

In the IP5 commissioner’s meeting which is an annual general meeting of the world five (5) Patent Offices, the joint declaration was adopted, including the IP5’s resolution and future plans to provide the users of IP systems and the public with improved services.

This declaration finally agreed to in the 8th IP5 commissioner’s meeting, which was held for three (3) days starting May 20, 2015 in Suzhou, China, is evaluated as preparing a new change of IP5 cooperation in the points of looking back at the cooperative outcomes after the establishment of the IP5 system in 2007 and presenting a cooperation field to be in priority carried forward in the future.

A decision of a basic frame to carry forward a world patent examination information system (Global Dossier) is regarded as one of the major outcomes. Significant progress has been brought in early constructing this system aiming at the points that anyone can check the examination information of IP5 Patent Offices online at one stop and further directly file an application in a foreign country through the Internet.

The discussion of IP5 to harmonize different patent systems of each country was accomplished. The commissioners of IP5 Patent Offices agreed to adopt interim reports of three tasks to be preferentially carried forward as agreed for the harmonization of patent examination standards of the Patent Offices and to accelerate a discussion for the harmonization of the systems based on the interim reports.


3. A collaborative search pilot program (CSP) between South Korea and US will be operated

In a high-level discussion of the KIPO and USPTO, which was held on May 20, 2015 in Suzhou, China, a MOD regarding the operation of CSP was concluded as one of the supports to create IP rights of the both countries.

CPS is a program where, if an applicant who files a patent application for the same invention with KIPO and USPTO wants, search reports of prior art are mutually exchanged between KIPO and USPTO and the examination of the application is preferentially conducted based on the search reports. Since the examination is conducted by sharing the search reports of KIPO and USPTO in advance, the legal stability of a patent right is improved. Further, since the preferential examination of the relevant application is performed, it is evaluated as enabling the early obtention of the patent right.

This program will operate from September 1, 2015. Specially, as USPTO will exempt the fees of requesting a preferential examination, to the maximum of $4,000, it expects to reduce the time and cost burden of the Korean companies to enter the relevant markets by obtaining US patent rights.

4. A fin tech-related patent cooperation network starts to be established

KIPO held a ‘meeting of the relevant companies for use of the fin tech patents’ on May 21, 2015 in the Seoul office, by inviting major mobile communication and financial companies.

This event was to share the visions of the communication industry and financial industry for the worldwide fin tech and to seek for the roles and application plans of IP, such as the technologies and patents, in the fin tech industry where finance and technology are fused and mixed.

The fin tech industry commonly calling the financial service based on the IT technology has rapidly grown, starting in the mobile payment field using a smart phone.

This event was attended by those in charge of IP in the relevant industries including the Korea Financial Telecommunications and Clearings Institute, smart phone manufacturing companies, communication companies, banks, card companies, etc., to share opinions on the subjects of the technology and patent trends of the fin tech industry, the development directions of the fin tech industry in view of IP, etc.  

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KIPO and Court are gathered together, to rapidly and accurately solve patent disputes (News Letter No. 314)

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KIPO held a public hearing for a final check of a revision bill of the Korean Patent Law (News Letter No. 312)