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... KIPO's Intellectual Property Tribunal plans to expand its super-speed judgment system?

At present, green technology is the only category that benefits from speedy judgments, where a ruling is made by the Intellectual Property Tribunal (IPT) within just four months. However, according to a press release from the Korean Patent Office (KIPO) dated 5 February 2010, the super-speed judgment system will be extended to two more categories as from 2010. These categories are: trials involving the scope of rights in connection with infringement lawsuits (“confirmation trials”) and trials involving corrections requested during invalidation proceedings.

Source: KIPO News (736) of 5 February 2010. Click "Public relations" -  "news" and choose article No. 736.

... KIPO has extended its collection of Korean legal texts available online in English?

English versions of the "Enforcement Decrees" for all industrial property acts are now available online. The "Enforcement Decrees" are regulations further specifying provisions of the respective act and can be downloaded from the website of the Korean Intellectual Property Office (KIPO): http://www.kipo.go.kr/kpo/eng/ (click on "Reference Material - Industrial Property Acts", then on "Select menu")

... a PPH pilot programme between the Trilateral Offices, based on PCT work products,

also started on 29 January 2010?

The Trilateral Offices (Japan Patent Office (JPO), European Patent Office (EPO) and US Patent and Trademark Office (USPTO)) have also launched a new PPH pilot programme, utilising PCT work products. For more details, see: http://www.epo.org/patents/law/legal-texts/journal/informationEPO/archive/20100125b.html

... new changes have been made to the Korean Design Act?

Revised Korean Design Act regulations entered into force on 1 January 2010. They apply to all design applications filed on or after that date.

The main changes are:

1. The Korean Intellectual Property Office (KIPO) is now also accepting three-dimensional image drawings. These may be filed in DWG (Drawing), DWF (Design Web Format) and 3DS (3D Studio) formats. Two-dimensional drawings are still accepted.

2. The "orthogonal projection" requirement has been dropped.

3. Classification system have been amended.

4. The number of categories of articles eligible for unexamined design applications have been increased from 6 to 10.

Source: Ministry of Government Legislation (only in Korean):

http://www.law.go.kr/LSW/lsSc.do?menuId=0&p1=&query=%EB%94%94%EC%9E%90%EC%9D%B8&x=0&y=0

... KIPO has just published its "2009 Fourth Quarterly IPR Trends" report?

Here are some of the main statistics in it:

- applications for patents and utility models fell by 1.6 % and 1.8% respectively compared to the fourth quarter of 2008

- trademark applications were up by 11.1%

- Korean applications increased by 16.2% while non-Korean filings dropped by 11.2%

 - filings from Japan, the US and Germany were down 31.3%, 22.8% and 30.1% respectively over the corresponding period in 2008

- filings by IBM and InterDigital were up 260.3% and 37.1% over the previous quarter

- there was a 14.8% decrease in total IP right registrations

- requests for KIPO to conduct international PCT searches fell by 8.6%

- in December 2009, the examination period for patents and utility models increased by 3.3 months (to 15.8 months)

- the number of trial requests decreased by 27.5%

Source: KIPO website – Public Relations – News – " 2009 Fourth Quarterly IPR Trends"

... KIPO now accepts credit-card payment for PCT fees

As of 1 January 2010, non-residents filing international (PCT) applications in Korea can pay their fees online by credit card (Visa, MasterCard or Visa 3-D Secure).
For more information, please see: http://www.patent.go.kr/jsp/kiponet/fe/feepayment/FePctInfoInput.jsp

..."super speed examination" of green technology applications is now available in Korea?

On 1 October 2009, the Korean Patent Office (KIPO) launched its "super speed examination system" for green technology. The system is available for green technologies that minimise the discharge of pollutants, as well as those which have received funding or authentication for green growth. Applicants can apply for super speed examination by requesting a prior art search from one of three agencies authorised to conduct such searches on behalf of KIPO (the Korea Institute of Patent Information (KIPI), WIPS Co. Ltd. or IP Solution Co. Ltd.) and submitting the results of the search to KIPO.

Details of the application procedure for super speed examination and the documents required, etc. are posted on KIPO's website in the News section (article no. 688, published on 2 October 2009): http://www.kipo.go.kr

... KIPO has introduced an automatic fee payment service?

From July 2009 onwards, domestic applicants at the Korean Patent Office (KIPO) can register for a new automatic fee payment service, which will facilitate the payment of all patent-related fees. More information is available on KIPO's website at: http://kipo.news.go.kr/ (Korean only)  

... KIPO has published its most recent annual report in English?

The annual report contains the latest figures on applications and granted patents, designs, trade marks and geographical indications in Korea and can be downloaded here: http://www.kipo.go.kr/en/ (click on "Annual Reports").

... KIPO published preliminary filing and grant statistics for the second quarter of 2009?

The number of patent applications decreased by 6.3% and the number of grants by a remarkable 40.1% for April to June 2009, compared to the same period in 2008. As for utility models, the number of grants dropped by 23.6% while applications rose slightly by 5.2%. According to KIPO, the comparatively large decrease in grants can be explained not only as an effect of the economic crisis, but also as a result of stricter, higher quality examination standards. Even though the figures for the second quarter remained negative, the decline was much smaller than for the first three months of 2009, due mainly to the recovery of Korea's economy and a stabilisation of exchange rates.

Compare KIPO press release of 3 August 2009 (in Korean only)

... a new KIPOnet system will be in place by 2012?

On 4 August 2009, the Korean Intellectual Property Office (KIPO) presented its plan to develop "G-KIPOnet", the third generation of the KIPOnet system, by 2012. G stands for both "green" and "global", reflecting the two central tenets of the new system: to promote green industries and to foster international co-operation among the patent offices, including better exchange of patent information and closer co-operation during the examination process. Furthermore, G-KIPOnet will also include a variety of new functions for companies and other private users, such as statistics and various tools to make IP-related research faster and easier.

Source: KIPO News (660) of 19 August 2009 and KIPO press release of 04 August 2009 (Korean only).

... KIPO has introduced an accelerated examination service for trade marks?

From 1 April 2009 onwards, the Korean Patent Office (KIPO) is offering a new service which will deliver preliminary results of trade mark examination to the applicant within two months, approximately four to five months faster than usual. An additional fee of approx. EUR 90 applies. The aim is to accelerate the settlement of trade mark-related disputes.

Further information: www.kipo.go.kr/kpo/eng (click on "KIPO News").

... KIPO is now offering a remote advice service for applicants wishing to file online?

In January 2009, the Korean Patent Office (KIPO) introduced a new service which provides assistance to applicants in real time. The system has been designed for applicants - including individual inventors, students and SMEs - who cannot afford a patent agent. Instead, they can now contact a call-centre expert to help them prepare and submit their online patent application via the KIPOnet electronic filing system. The service is available to Korean residents only; foreign applicants will still need to go via a patent agent. Assistance is currently provided in Korean only. 

More information on this new service can be found in the news section on KIPRIS at http://eng.kipris.or.kr/eng/news.do?act=list.

.... the JPO is currently conducting PPH programmes

with patent offices from five different countries (USPTO, KIPO, UKIPO, GPTO and DKPTO)? For the latest on these programmes and how to participate in them, see: http://www.jpo.go.jp/cgi/linke.cgi?url=/torikumi_e/t_torikumi_e/patent_highway_e.htm On 20 February 2009, one issue discussed at an international roundtable of more than ten countries (among them Japan, Korea and the USA) was the importance of launching further PPH initiatives as well as supporting existing ones. The need to raise public awareness of PPH programmes was also stressed.  More: http://www.jpo.go.jp/cgi/link.cgi?url=/torikumi/kokusai/kokusai2/takokukanhighway-kekka.htm (please scroll down to the end, the first link leads you to an English press release).

 

... the Korean National Assembly has passed a new bill implementing changes to the Patent Act?

The changes will become effective as of 1 July 2009 and concern a number of areas, such as the submission of amendments, the filing of divisional applications and the correction of obvious errors by KIPO examiners on behalf of applicants. In addition, the regulations for late payment of fees have been changed: the later the payment is made, the higher the late fee will be in proportion. 

For further information on the changes to the Korean Patent Act on KIPO's website (in Korean only) click here.

... the world's "Big Five" have announced a new co-operation framework?

The world's "Big Five" intellectual property offices have announced a new co-operation framework. The heads of the EPO, JPO, USPTO, KIPO and SIPO met on 27 and 28 October 2008 in Jeju, Korea with the aim of setting up ten foundation projects for a work-sharing infrastructure.

See http://www.epo.org/about-us/press/releases/archive/2008/20081031.html and

http://www.epo.org/topics/news/2008/20081031.html for more details.

... KIPO has new rules for extension of the period for responding to office actions?

Previously, applicants could file unlimited requests for monthly extensions of the two month time period for responding to office actions in Korea. These extensions have now been limited to four months, i.e. a total time of six months from receipt of KIPO's first office action. If applicants request further extensions, they have to give justifiable reasons. No extension will be granted where the request for examination was filed by a third party. The new rules apply to office actions issued on or after 1 July 2008.

For more information see   http://www.nampat.co.kr/english/information/view01.asp?regdate=2008-06-12%2013:25:42&num=qzEOa1yrnnb3&page=&pageSize=&table=tb_board15. or http://www.managingip.com/Article/2004289/Korea---KIPO-introduces-newpatent-rules.html

... KIPO and IP Australia agreed mutual ISA and IPEA designation?

KIPO and IP Australia have agreed mutual PCT International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) designation. The agreement will become effective early in 2009. It will offer Australian applicants the possibility of designating KIPO as their ISA or IPEA.

For more information see http://www.ipaustralia.gov.au/resources/news_new.shtml#44 

... SIPO and the EPO held a Joint International Seminar on Automatic Machine Translation?

Machine translation experts from the EPO, SIPO, KIPO, WIPO and Japio joined forces at a seminar in Beijing on 4 November 2008 to discuss the future of machine translation in patent documentation.

Further details are available at http://www.sipo.gov.cn/sipo_English/specialtopic/latestspecialtopic/ESJISAMT/programme/200809/t20080911_417872.htm

... the USPTO and KIPO have agreed to exchange priority documents electronically?

On 14 October 2008, the Korean Intellectual Property Office (KIPO) became the third foreign intellectual property office (after the EPO and JPO) to use the Priority Document Exchange (PDX) system for automatically exchanging priority documents with the USPTO. For cases filed before 14 October 2008, applicants will still have to file a request for retrieval of the priority documents. At present, the PDX system does not include designs or PCT international applications.

For more information see http://www.uspto.gov/web/offices/pac/dapp/opla/preognotice/kipopdx_10142008.pdf

and http://www.uspto.gov/main/faq/faq_pdx.html

… KIPO has introduced a new fast-track system for examination?

KIPO's new fast-track system applies to all kinds of industrial property rights and allows the applicant to speed up examination and get a decision within two to three months. The new system is in force as of October 2008. The fast-track option is only available if the applicant submits a prior art search report from one of four designated organisations approved by KIPO (KIPI, WIPS, the Korea IP Protection Technology Institute or IP Solution). KIPO is also making deferred examination more flexible by allowing applicants to specify when they want examination to start. This can be any time between 18 months and five years (three years for utility models) from the filing date. Requests for delayed examination can be withdrawn or the time limit changed within two months from filing the request. See: www.managingip.com/Popups/PrintArticle.aspx?ArticleID=1964494&issueID=&categoryID   

… the K2E-PAT service on KIPRIS provides English titles and applicant names

for Korean patents and utility models? Since July 2008, K2E-PATusers have had access to 23 search fields, including a search with English keywords in original Korean data (cross-lingual patent retrieval function). K2E-PAT now also provides English titles of Korean patents and utility models, and English transliterations of applicants' names as filed by the applicants. There is a fee for K2E-PAT machine translations of Korean full texts, but searching and displaying the results list (including the English titles and applicants' names filed by the applicants) is free. The K2E-PAT machine translation service is available at: http://k2epat.kipris.or.kr/k2epat/searchLogina.do?next=GeneralSearch .For more information see: www.epo. org/patents/patent-information/east-asian/translation/K2E-PAT.html 

... English versions of the amended Korean patent, utility model, trade mark and design laws

are available from KIPO? These new English versions of all industrial property laws in Korea reflect the 2007 amendments and are available for download (in PDF format) at http://www.kipo.go.kr/kpo/eng/?catmenu=KIPOENG

Click on "Reference material" in the menu at the top of the page, then on "IP laws and treaties".

... KIPO has new rules for extension of the period for responding to office actions?

As of 01 July 2008, new rules apply for requesting extensions of the two month time period for responding to office actions in Korea. Previously, applicants could file unlimited requests for monthly extensions of this period. Now, applicants can only get extensions of up to four months. The overall time period for responding to office actions is thus now restricted to six months from the time of receiving KIPO's first office action. If applicants request further extensions, they have to give justifiable reasons. The request for extension will not be accepted if the request for examination was filed by a third party. The new rules apply for all applications with office actions issued on or after 01 July 2008. For more details please see: http://www.nampat.co.kr/english/information/view01.asp?regdate=2008-06-12%2013:25:42&num=qzEOa1yrnnb3&page=&pageSize=&table=tb_board15.For additional information also see:  http://www.managingip.com/Article/2004289/Korea---KIPO-introduces-new-patent-rules.html

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