1. KIPO discussed policy direction to spread the use of patent data.
-A first public discussion on IP data policy was held on September 22, 2023, to listen to the voices of data consumers.
KIPO for the first time held a public discussion on patent data policy on September 22.
Patent data are the key indicator to measure the technological innovation performance and important information data which are useable in understanding industry trends and deciding policy. KIPO is in the process of establishing an institutional basis (industrial property utilization promotion act) and a management basis (patent statistics center), to utilize patent data.
In the public discussion, a desirable development direction for the strategic use and spread of patent data was set by checking the current management status and future direction plan regarding the above-mentioned two bases and collecting opinions from the attendees of the discussion.
The public discussion consisted of three parts. The topic presentation was on (1) the necessity of enacting the industrial property information utilization promotion act and the major content thereof (by Wonjoon JUNG, an assistant researcher of Korea Legislation Research Institute), (2) the current status and future direction of the patent statistics center (by Sojin LIM, a department head of Korea Institute of Intellectual Property), and (3) the current status of advancement of the patent-industry classification linkage (by Hyojoeng LIM, a researcher of Korea Institute of Intellectual Property), After the topic presentation, a free discussion with discussants took place.
2. KIPO hires ‘skilled semiconductor expert retirees’.
-Following the first recruitment in March, 2023, applications for an additional recruitment for 39 expert retirees were received from September 18 to 25, 2023.
-The industry responds favorably to results that exceed expectations, such as prevention of the outflow of manpower overseas, improvement of examination efficiency, etc.
-KIPO closely supports for semiconductor super-gap, based on the high expertise and experience of a private expert.
KIPO additionally hires semiconductor expert patent examiners, to secure the national competitiveness in the semiconductor field and to prevent the outflow of core personnel and technology overseas.
This is the second public hiring, with the first hiring of 30 private experts as examiners in last March. This hiring includes KIPO’s future strategies to closely support to successfully operate the semiconductor examination bureau’, which was launched in last April, and to secure a global super-gap in the semiconductor field.
< Results of the hiring in March 2023 >
(1)(Semiconductor expert patent examiner “A” said that) it was regretful that the skill acquired over 30 years could not be utilized at home. If I do not work in KIPO, I think I would work now in a foreign company. I hope to take a leap forward as a professional examiner in this field.
(2)(Semiconductor expert patent examiner “B” said that) I have carried out patent examination work with a happy mind since I can continue the work in the field devoted to for nearly 30 years.
(3)(Semiconductor expert patent examiner “C” said that) I feel great pride in being able to perform public affairs for the development of the country and I get to work.
Semiconductor expert patent examiners who were hired through the first recruitment after overcoming a high competition rate of 6:1 amid high interest from domestic companies, have concentrated on the patent examination of the advanced semiconductor technology, based on abundant technical expertise and practical experience in the private sector.
According to their majors and practical experiences, etc., these patent examiners were assigned to each part of the semiconductor examination bureau, to perform a preferential examination and a three-person consultation examination with the previously existing examiners on the cutting edge semiconductor technology, thereby playing a key role in the process for a rapid and accurate patent examination.
22 of these examiners responded that they received a job offer from a foreign company or thought about changing jobs. The relevant industry responded favorably that hiring of the workforce who were highly experienced in semiconductors as examiners have had an effect of preventing the outflow of manpower or technology overseas.
Due to the influence of the first recruitment of semiconductor expert patent examiners, the number of the examination processing cases in the semiconductor field for the first half of this year showed an increase of 15.4% compared to the same previous period (9,676 → 11,163). In the event that the future additional recruitment of semiconductor expert examiners and their examination capability are improved, the speed that the number of the examination processing cases increases is expected to be higher.
The number of examiners to be hired in the semiconductor field is 39 in a total of 7 detailed parts: <①semiconductor layout field, ② semiconductor fabrication process field, ③ semiconductor post-process field, ④ semiconductor substrate transferring device and processing apparatus field, ⑤ display material field, ⑥ organic light emitting diodes (OLED) process and device field, and ⑦ display-specific technology field> by considering comprehensively the number of patent applications, semiconductor detailed technical features and industrial trends, etc.
Anyone who haves a semiconductor technology-related experience and holds a degree was eligible to apply. The application period was September 18 to 25, 2023. Final successful candidates are to be published in December through document screening and interview, to be newly appointed at the beginning of January 2024 to take a first step into public office.
Especially, in this additional recruitment, the work experience and expertise in the relevant field are prioritized such that a private expert with a rich field experience is able to exercise his/her capability to the fullest in patent examination.
In addition to 39 patent examiners in the semiconductor field, 4 patent examiners in other technology fields including bio, etc. will be hired, so that a total of 43 patent examiners are to be newly hired.
3. A trademark which is earlier used can be used with confidence without worrying about changing the sign.
-An amended Unfair Competition Prevention Act to protect a bona fide earlier trademark user is effective (September 29, 2023).
According to KIPO, the amended Act relating to ‘Unfair Competition Prevention and Trade Secret Protection’ (hereinafter, referred to as ‘Unfair Competition Prevention Act’) is effective from September 29, 2023. According to this amended Act, a person who earlier uses, without any improper purpose, the same or similar trademark to another’s trademark which is well-known in Korea (hereinafter, referred to as a ‘famous trademark’) is able to continue to use the relevant trademark.
According to the amended Unfair Competition Prevention Act, if a person who earlier uses the same or similar trademark to another’s famous trademark continues to use the relevant trademark without any improper purpose, such an act does not fall under the unfair competition act.
However, when a ‘famous trademark’ and a ‘trademark of an earlier user’ coexist in the market, a consumer is likely to misunderstand or confuse the two trademarks as the same seller’s product. To prevent this misunderstanding or confusion, the amended Act requires that the owner of a famous trademark is able to request the earlier user to make an indication which is necessary to prevent any misunderstanding or confusion.
Prior to the amended Act, even though a person earlier uses a trademark, the earlier user could not further use the relevant trademark from the time when another’s same or similar trademark becomes famous. Accordingly, the earlier user became involved in a legal action, such as receiving a warning notice from the owner of the famous trademark and ultimately had difficulties to replace a business board, etc. or discard a manufactured product, etc.
However, this regulation to protect an earlier user does not approve an active exercise of right that prevents another to use the earlier user’s trademark. For an earlier user’s trademark to be approved as an active right, it is necessary for the earlier user to earlier file a trademark application with KIPO, so that the trademark is registered.
Additionally, a statute of limitation of a right to claim prohibition against the act of misappropriation of an idea is effective from September 29, 2023. Accordingly, the statute of limitation of a right to claim prohibition against the use of misappropriated idea without permission and consent is clearly defined as 3 years from the date when the act is recognized or 10 years from the date when the unfair completion act starts.
Further, as for an administrative investigation of an unfair competition act, targets subject to a field investigation is expanded to ‘data’ including digital files, etc. in addition to documents, ledgers and products. Also, when an agency to prove an original trade secret uses a subsidy received from the country for the other purposes, the agency shall compulsorily refund it under the amended Act.
4. Preoccupy standard patents of quantum • artificial intelligence (AI)!
-KIPO starts finding a promising technology in the quantum and AI fields from the view of standard patents.
To support the research and development (R&D) of industry-university-research institute, KIPO seeks to start finding a promising technology which is required to preoccupy a standard patent in the quantum and AI fields.
Quantum and AI are disruptive innovative technologies to completely reorganize the whole world industry structure and market. Last August, these were included in the technologies subject to the international standardization cooperation among 3 countries which were discussed in the Korea-US-Japan Summit. At present, although standardization in these fields is discussed in different standardization organizations, it is still at the beginning stage.
Upon preoccupying a standard patent, since an opportunity to lead the relevant market is open, KIPO has a plan to play a part in improving the competitiveness of Korean industry-university-research institute by finding a promising technology from the view of securing a standard patent.
Finding a promising technology is based on a comprehensive analysis of standards and patent information. Finding a promising technology is carried forward by adding perspectives from research and development (R&D) and standardization field, through the consultation from experts of industry-university-research institute, based on the comprehensive evaluation using a number of indicators, such as a possibility of reflecting standards, Korean patent competitiveness, etc.
KIPO has a plan to derive a promising technology and publish a comprehensive report including standard patent securing strategies by promising technology by the end of this year. The report will be distributed through a standard patent website.
5. The number of patent applications regarding the national core technologies, including rechargeable batteries, etc. has rapidly increased by 13.6%, on average.
-The number of patent applications for the national core technology fields including rechargeable batteries, etc. over the first half of 2023 rapidly increased.
-Rechargeable batteries (8,660 applications, ▲11.5), semiconductors (6,580, ▲15.5), and digital communications (5,110건, ▲15.1)
While the global uncertainty according to the competition for technological supremacy between US and China increased, the total number of patent applications filed for the first half of this year increased by 4.1% compared to the same period of the previous year; whereas, the number of the patent applications in the major national core technology fields, such as rechargeable batteries, etc. increased by 13.6% which was about 3 times or more than the total number of patent applications.
KIPO analyzed Korean patent applications filed in the first half of 2023 (about 1,070,000 cases) by 35 technological fields of World Intellectual Property Office (WIPO). As a result, on September 17, 2023 KIPO published that the number of patent applications in the major national core technology fields, such as rechargeable batteries, semiconductors, digital communications, etc., increased.
The current status of an increase in the number of the patent applications by technological field is in detail: rechargeable batteries (8,660 applications, ▲11.5), semiconductors (6,580, ▲15.5), digital communications (5,110, ▲15.1), etc. Therefore, it is noted that the Korean future national core technologies had driven an increase in the number of the patent applications filed in the first half of 2023.
Among the number of patent applications in the total technological fields, the most applications, 8,660, were filed in the rechargeable battery field, showing a high increase of 11.5%, 890 applications, compared to the same period of the previous year (January ~ June).
By the type of an applicant, big companies filed 2,803 applications (▲22.3), middle market enterprises and small and medium companies filed 2,256 (▲5.7), and universities and public research institutes filed 995 (▲31.3), showing high increases.
As major applicants, LG Energy Solution and Samsung SDI filed many applications. Notably, the number of the applications by the top 5 applicants filing the most applications in the rechargeable battery field had increased by 21.6% last year and continued to increase in the first half of this year with a great increase of 43.6% compared to the same period of the previous year.
In this regard, as if the point that the number of patent applications is the leading indicator of a company’s export activity is reflected, according to the report (September 2023) of Korea International Trade Association, the Korean export scale of rechargeable batteries (cathode material) in the first half of 2023 was $7.49 billion, showing an increase of 66% compared to the same period of 2022.
In the semiconductor field, 6,580 patent applications, which increased by 881 compared to the same period of the previous year, were filed, showing an increase of 15.5%. By the type of an applicant, big companies filed 3,209 applications (▲33.5), middle market enterprises and small and medium companies filed 848 (▲16.5), and universities and public research institutes filed 395 (▲14.8), showing increases.
As major applicants, Samsung Electronics and LG Display, etc. filed many applications. The number of the applications by the top 5 applicants filing the most applications in the semiconductor field greatly increased by 37.6% compared to the same period of the previous year.
In the digital communication field, 5,110 applications were filed, which was increased by 672 compared to the same period of the previous year, showing an increase of 15.1%. By the type of an applicant, big companies filed 2,193 applications (▲38.0), middle market enterprises and small and medium companies filed 720 (▲4.5), and universities and public research institutes filed 530 (▲7.7), showing increases.
As major applicants, LG Electronics and Samsung Electronics, etc. filed many applications. The number of the applications by the top 5 applicants filing the most applications in the digital communication field greatly increased by 39.1% compared to the same period of the previous year.
The increase in the number of the patent applications in the major national core technology fields is considered as a result that Korean companies has increased the speed of securing patent rights, to keep the initiative of the cutting-edge technology to lead the future of rechargeable batteries and semiconductors, etc. even in the global economic recession.
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