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...KIPO has tested a Community Patent Review system?

From March 2010 to June 2010, the Korean Patent Office (KIPO) trialled a public review programme for patent applications similar to the  "Peer-to-Patent" of the US Patent and Trademark Office (USPTO) and the "Community Patent Review" at the Japan Patent Office (JPO). Engineers and other technical professionals, mainly from high-tech companies or organisations, were invited to register as reviewers and submit their opinion on 50 patent applications in the fields of mobile communication, e-commerce and computers. Information about the project is available on "Teukheono" (Patent Road), KIPO's portal for electronic patent applications (in Korean only).

... KIPO has just published filing trends for the second quarter 2010?

Some of the most important trends compared to the second quarter of the previous year include: 

- applications for all IP rights (patents, utility models, designs, trademarks) increased by 3.3%

- applications by foreigners for all IP rights increased by 3.5% while domestic filings rose by 3.3%

- applications for patents increased by 6.2% while utility model applications decreased by 23.4%

- patent grants increased by 15.1% while registrations of utility models fell by 10.5% 

For further information, please refer to KIPO news (781)  of 3 August 2010.

... the Korean Patent Office implemented further fee changes?

The Korean Patent Office implemented some further adjustments to intellectual property fees on 28 July 2010. Some of the most important changes are:   

  • - introduction of a new payment system for trade mark registrations in two installments (the first one within the first five years and at the second one at the end of the first five   
  •   years of the ten years' protection period for trade marks)
  • - reductions in the examination request fee for utility model applications under the PCT (30% reduction if either the international examination report or the international 
  •   preliminary examination was prepared by KIPO and 70% reduction if both reports were prepared by KIPO)
  • - an increase in the registration fee for patent term extensions from KRW (Korean Won) 78 000 to KRW 300 000
  • - an increase in fees for correction requests filed electronically from KRW 26 000 to KRW 30 000 plus an additional KRW 7 000 per claim
Further adjustments include, among others, fee changes for amendments, patent applications filed on paper, and trade mark and design opposition requests. Please refer to KIPO news (782)  of 3 August 2010 for more information.

... applications for 3D trade marks are on the rise in Korea?

Reflecting the recent trend of 3D technology in movies, cameras and other electronic items, three dimensionally structured trademarks have also increased in popularity in Korea over the last years: The total number of 3D trademark applications in Korea rose from 62 in 2007 to 131 in 2009. Among the various technical fields, in particular the computer and electronics sector showed a significant increase. Please refer to KIPO news (770) of 1 June 2010.

...KIPO has launched the "Green IP information project" on its Design Map website?

The project is geared to create a one stop service for green product designers and planners. It aims at collecting and analysing environmentally friendly technologies required to design all stages of a product lifecycle, i.e. manufacturing, marketing, usage, and disposal, and compiling them into an on-line data base. For more detailed information, please refer to KIPO News (768) of 26 May 2010. (click "Public relations" - "news" and choose article No. 768) and KIPO's Design Map website at www.designmap.or.kr (in Korean only).

... some more fee changes will be introduced by the Korean Patent Office for international filings?

As from 15 August 2010, there will be a change in the handling fee which has to be paid for an international  preliminary examination at the Korean Patent Office (KIPO). For detailed information, please refer to the World Intellectual Property Organization's (WIPO) "PCT Applicant's Guide", Annex E (KR) at: http://www.wipo.int/pct/guide/en/  

...KIPO has just published its "2010 First Quarterly IPR Trends" report?

Here are some of the most important results compared to the first quarter of the year 2009:

- applications for all four IP rights (patents, utility models, designs, trademarks) together have increased by 5.9%

- applications by foreigners rose by 14.8% while domestic filings went up by 6.1%

- filings for patents increased by 6.2% and for utility models by 10.5%

- total IP rights registrations decreased by 5.0%

- registrations of patents and utility models increased by 11.1% and 20.7% respectively

- registrations for trademarks and designs fell by 21.4% and 5.5% respectively

- the number of requests for examination for all IP rights grew by 9.8%

- examination requests for patents increased by 12.2% while examination requests for utility models fell by 9.8%

- requests for KIPO to conduct international PCT searches rose by 9.4%

Source: KIPO press release of 04 May 2010 (in Korean only)

... some fee changes will soon be implemented in Korea?

As from 1 June 2010, there will be changes in the equivalent amounts of the international filing fee and the fee per sheet over 30, payable in Korean won (KRW) to the Korean Patent Office (KIPO) as Receiving Office. This and other fee changes can be found in the World Intellectual Property Organization's (WIPO) "PCT Applicant's Guide", Annex C (KR) at: http://www.wipo.int/pct/guide/en/

See also WIPO's PCT Newsletter, March 2010, at: http://www.wipo.int/pct/en/newslett/

... 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.

... in 2009, China experienced the highest growth in PCT filings worldwide?

According to provisional statistics issued by the World Intellectual Property Organization (WIPO) on 8 February 2010, China's growth rate in international filings was 29.7% - higher than anywhere else. China has now become the fifth largest PCT user worldwide. Despite the economic crisis, international patent filings in Asian countries continued to rise, Japan being the second largest PCT user (growth rate 3.6%) with Korea in fourth position (growth rate 2.1%).

The complete statistics can be accessed on WIPO's website at: http://www.wipo.int/pressroom/en/articles/2010/article_0003.html#_ftn1

 

... 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")

... 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. The classification system has 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

... Vietnamese, Singaporean and Korean applications and granted patents are now also searchable

via WIPO’s expanded PATENTSCOPE® platform? 

WIPO has launched an enhanced online patent information service on patents filed and granted around the world. In this first phase, WIPO’s PATENTSCOPE® will include the patent data collections of eight patent offices: African Regional Intellectual Property Organization (ARIPO), Cuba, Israel, Republic of Korea, Mexico, Singapore, South Africa and Vietnam as well as WIPO's PCT collection.

New PATENTSCOPE® platform offers tools that enable a high-level analysis of technology trends, as well as country and company-level patenting trends by using features such as: flexible search syntax; automatic word stemming and relevance ranking; as well as graphical results.

Data coverage information and other useful information is available at under "Help" at: http://www.wipo.int/patentscope/search/en/result.jsf

..."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").

... Korea intensifies its co-operation with Russia and China in intellectual property matters?

On 23 June 2009, the Commissioners of KIPO and the Russian Patent Office (FIPS) discussed the opening of a patent prosecution highway, preferential examination for "green" inventions and the establishment of a co-operative structure to reinforce IPR protection in both countries. In addition, the Korean Commissioner signed a Memorandum of Understanding on co-operation with members of the Eurasian Patent Office (EAPO). Furthermore, he discussed co-operative measures for the protection of trade marks and the regulation of counterfeiting with the Vice Director of the "Chinese Trade Mark Office" (CTMO) during a conference on 26 June.  More information can be found here: http://www.kipo.go.kr/kpo/user.tdf?a=user.english.board.BoardApp&c=1003&board_id=kiponews&catmenu=ek20200&seq=1268.

... 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").

... 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 USPTO and KIPO have confirmed their PPH?

On 29 January 2009, the USPTO and Korean Patent Office (KIPO) declared their Patent Prosecution Highway (PPH) permanent after a one-year pilot programme. Under the PPH, applicants receiving a ruling from either KIPO or the USPTO that at least one claim in an application is patentable may request that the other office fast track the examination of corresponding claims in corresponding applications.

Further information can be found on the USPTO website at: http://www.uspto.gov/web/patents/pph/pph_kipo.html

... our "East meets West" pages now include useful links to Asian websites?

The new "Links" section on the "East meets West - information exchange on Asian patents" directs you to websites providing background information and reference material in English. The links are tagged under the following terms: patent laws, examination guidelines, fee schedules and annual reports. We will continue adding links to ensure that the new section on "East meets West" remains a useful resource for all your Asian search needs. The new Links section is at: http://eastmeetswest.european-patent-office.org/links

... 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 

... 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

… KIPI is running a customer satisfaction survey on the K2E-PAT

machine translation tool on Korean KIPRIS search service? The Korean Institute of Patent Information (KIPI) hopes that foreign users of Korean patent information using the Korean to English machine translation tool (K2E-PAT) on KIPRIS will provide feedback on its usefulness, as well as on the quality of machine-translated documents. The survey is available at the KIPRIS (Korea Industrial Property Rights Information Service) website at http://eng.kipris.or.kr/

... the K2E-PAT service on KIPRIS provides English titles and applicants' names

for Korean patents and utility models? In July 2008, the Korea Institute of Patent Information (KIPI) enhanced the search functions of the K2E-PAT machine translation service on the KIPRIS database. Users of K2E-PAT now have available 23 search fields, including a search with English keywords in original Korean data (cross-lingual patent retrieval function).

On top of machine-translated search results, K2E-PAT now also provides English titles of Korean patents and utility models, and English transliterations of applicants' names as filed by the applicants.

Although obtaining K2E-PAT machine translations of Korean full texts is a fee-based service, searching and displaying the results list (including the English titles and applicants' names filed by the applicants) is free-of-charge.

The K2E-PAT machine translation service is available at: http://k2epat.kipris.or.kr/k2epat/searchLogina.do?next=GeneralSearch

For more information on the K2E-PAT machine translation service see: http://www.epo.org/patents/patent-information/east-asian/translation/K2E-PAT.html

... new Patent& utility model search is available on the English interface of KIPRIS?

The Korea Institute of Patent Information (KIPI) has uploaded new search screens for its patent & utility model search service. Launched on 01 July 2008, the new search system offers several new features, such as the possibility of switching on and off the Korean to English cross-lingual patent retrieval feature; the proximity operator ^ (Near); the display of original English titles in a hit list; a new search field for patent holder searches; searching within all claims; expanded trial information; additional formats of date input; different ways of displaying a hit list, results of a search and a detailed view.

The new patent and utility search is available at: http://eng.kipris.or.kr/

... the Korea Institute of Patent Information (KIPI) is running a customer satisfaction

 survey on Korean Patent Abstracts (KPA)? KIPI hopes that users of Korean patent information will give feedback on the quality and usefulness of KPA English abstracts. The survey will run until 18 June 2008 on the KIPRIS (Korea Industrial Property Rights Information Service) website at http://eng.kipris.or.kr/

… Korean B documents published from January 2007 onwards include a list of the prior art documents

cited by examiners? The cited documents can be found under INID code 56 on the first page of granted Korean patent publications. Another new bibliographic item on Korean first pages is the date of the request for examination. This item is listed under INID code 22. You can see an example at www.paterra.com/KIPI/KIPRIS.pdf

… patent applications filed by residents soared in Korea and China in 2005?

According to WIPO's Patent Report 2007, patent filings by residents doubled in Korea and increased eight-fold in China between 1995 and 2005. For more information see www.epo.org/focus/news/2007/20070810.html and www.wipo.int/ipstats/en/statistics/patents/patent_report_2007.html

 

... the automatic exchange of priority documents between the EPO and KIPO will be implemented

As of 1 July 2007, the automatic exchange of priority documents  will be implemented for first filings at KIPO and first filings at the EPO.  For more information please see: http://www.epo.org/patents/law/legal-texts/InformationEPO/archiveinfo/20070627.html and http://www.kipo.go.kr

... in Korea opposition is merged with invalidation

procedures for patents registered on or after 1 July 2007 on and for utility models registered on or after 30 June 2007? Opposition will be integrated into invalidation: any person can request the invalidation of a patent within three months of grant; an interested party or KIPO examiner can have a patent invalidated any time, even after expiration of the term of the patent. For more information please look at: http://www.kipo.go.kr/kpo2/user.tdf?a=user.english.board.BoardApp&c=1001&board_id=speech&catmenu=ek20100(Source, KIPO website, Speeches& Interviews, "Quick utility model registration system to be abolished") and http://www.managingip.com/?Page=17&PUBID=199&ISS=22625&SID=654924&SM=&SearchStr=Korea%20Focus (Source; MIP News, Korea: "What Korea's patent reforms mean for you")     

… claims for Korean patent applications can be submitted

anytime before publication of the application? From 1 July 2007, patent applicants will not be required to submit claims at the time of filing a patent application, but they can submit the claims at a later stage, anytime before the application is laid open (within 18 months from the filing date or priority date, if priority is claimed). For more information please look at: http://www.kipo.go.kr/kpo2/user.tdf?a=user.english.board.BoardApp&c=1001&board_id=speech&catmenu=ek20100 (Source, KIPO website, Speeches& Interviews, "Preparing a patent system convenient for inventors") and http://www.managingip.com/?Page=10&PUBID=34&ISS=23498&SID=677583&TYPE=20(Source, MIP News, "Recent changes to the Korean Patent Act")

... KIPO plans to shorten the decision period

of cases presented to the board of appeal, KIPT (Korean Intellectual Property Tribunal)? With additional administrative judges, the adoption of an “intensive” trial system and the limitation of time extensions for filing responses, KIPO hopes to shorten the decision period from approximately 14 months currently to six months by the end of 2007. For more information please look at: http://www.managingip.com/default.asp?page=10&pubID=34&SID=682668&ISS=23713&LS=EMS125252(Source; MIP News, "KIPO patent trials to be decided within six months") 

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