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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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1. KIPO and Court are gathered together, to rapidly and accurately solve patent disputes

The Korean Intellectual Property Office (KIPO) held a 2015 patent dispute symposium on May 12, 2015 in KOEX in Seoul. The symposium was attended by about 170 including domestic major experts in the intellectual property (IP) field and experts in industry-university-institute.

This symposium was meaningful in the point that the people related to KIPO, court and patent industry gathered together for the first time, to rapidly and accurately resolve patent disputes.

The president of the Korean Intellectual Property Tribunal said, “recently, a big obstruction in the economic activity, research and development of a company due to the frequent dispute concerning an IP right has appeared. If KIPO and the court cooperatively enhance the quality of a patent trial and advance the relevant system, it will be helpful to rapidly and accurately solve the IP dispute. As a result, if companies, etc. can concentrate on the research and development and commercialization, IP’s function as creating in the economy will be further strengthened.”

2. KIPO held a 2015 international conference to create IP and value

KIPO held a ‘2015 international conference to create IP and value’ on May 18, 2015 in the Imperial Palace Hotel in Seoul. This conference was attended by about 200 people including WIPO personnel, major countries’ government personnel and Korean and foreign IP business experts.

In the first session, Mr. John Sandage, a deputy director general of WIPO emphasized, in a keynote speech, the ‘change of awareness of IP as a tradable asset’ and an ‘improvement of trust to a market through transparent evaluation procedures’. Mr. Raimund Lutz, a vice president of EPO, Mr. Russell Slifer, a deputy director of USPTO, and Mr. Yoshitake Kihara, a deputy commissioner of JPO introduced diverse policy experiences of each country to improve the patent quality.

In the second session, Mr. Patrick Ennis of Intellectual Ventures, who is a global head, emphasized the importance of establishing the patent portfolio. Mr. Juwon Seo, a director of the technological innovation center of Steinbeis Foundation obtained the response of the attendees by mentioning the importance of an innovative process and IP management of a company through the company cases.

3. The fees for requesting an examination are returned when a patent application is withdrawn or abandoned

KIPO announced to operate a patent law improving a system for returning the fees for requesting an examination from May 18, 2015.

According to this patent law, where a patent application is withdrawn or abandoned before a substantive examination service is made to the application after a request for examination has been filed, the fees for filing the examination as already paid can be returned. For example, if an applicant does not receive a notice of reasons for rejection, the applicant can receive the return of the fees for filing an examination request.

But, when a prior art search report from a special agent designated by KIPO is notified to KIPO, the fees for filing an examination cannot be returned. The status of whether the prior art search report has been notified or not can be found in an electronic filing site (patent.go.kr) or the patent client counseling center (1544-8080).

4. Trends of security patent applications related to voice phishing, pharming, smishing

Since the scale of damages by bank fraud using smart phones has recently increased, the voice of worry is gradually getting louder.

As the bank fraud ways have become various and developed, the criminal type-related patent applications are changed to prevent bank fraud.

According to KIPO, the number of the voice phishing-related patent applications decreased to 13 in 2014 and the number of the pharming-related patent applications decreased to 12 in the same year. However, the number of the smishing-related patent applications sharply increased to 110 for the last two (2) years.

Since many different smishing-related security techniques have been developed and the number of the relevant patent applications has increased, there was an effect in that the number of the smishing bank fraud cases which was 29,761 in 2013 rapidly decreased to 4,817 in 2014.

The patent applications in this field have been led by small and medium companies because Korean information security companies are formed of most small and medium companies.

What is unique is that foreign companies filed a number of patent applications related to pharming but no applications related to voice phishing and smishing. This is because voice phishing and smishing use Korean language sounds or characters.


The Korea-Taiwan Patent Prosecution Highway (PPH) program started on July 1, 2015. (News Letter No. 315)


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