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Patent examination processes on bio, AI and advanced robot are faster … all of 4 national advanced strategical industries (semiconductor, display, secondary battery and bio) become subject to preferential examination(News Letter No. 546) |
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KH |
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2025-02-18 |
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350 |
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1. Patent examination processes on bio, AI and advanced robot are faster … all of 4 national advanced strategical industries (semiconductor, display, secondary battery and bio) become subject to preferential examination.
- From February 19, 2025, the bio, AI and advanced robot fields are designated as the subjects of preferential examination…the examination thereof will be processed within a maximum of 2 months.
- Speed of securing global patents is expected to lessen competition for Korean companies’ technological supremacy.
From February 19, 2025, the subjects of patent preferential examination will be expanded to include bio, AI and advanced robot fields in addition to the semiconductor, display and secondary battery fields. Thereby, an examination process period of averaging 18 months or more in these fields is expected to be shortened to within 2 months.
On January 16, 2025 KIPO published a ‘2025 patent examination process plan’ aimed at shortening the examination process period, to support Korean companies in securing rapid technological competitiveness and to bring vitality to their overseas markets.
The preferential examination system is to be expanded to support Korean companies in earlier rightsizing advanced technologies and rapidly securing patents in major overseas countries. From February 19, the bio, AI and advanced robot fields will be newly designated as subjects for preferential examination. Thereby, all of the 4 national advanced strategic industries will become the subjects of preferential examination. The hydrogen-based technology directly relating to carbon neutral will be added as one of the subjects of preferential examination.
In the semiconductor and display fields, an average period of preferential examination process was 1.6 months (as of the end of December 2024) after the preferential examination thereof was conducted (November 2022). In the bio, AI, advanced robot fields, Korean companies are also expected to secure patent rights earlier.
KIPO cooperating with the relevant ministries increased examination staff in the advanced industrial fields, including 67 in the semiconductor field (2023~2024) and 38 in the secondary battery field (June 2024), etc. This year, KIPO plans to hire 60 private experts as examiners, including 35 in bio, 9 in AI and 16 in advanced robot.
Since the subjects of preferential examination are expanded to the advanced industrial fields, such as bio, AI, advanced robot, etc., in addition to the semiconductor, display and secondary battery fields, and the number of examination staff increases, it is expected that securing Korean companies’ global technological leadership will become faster.
Examination process procedures are also improved to speed up securing an international patent of a Korean company and to shorten the examination process period.
A Korean patent application which is based on a PCT international patent application is improved to be preferentially processed to ensure that the subsequent overseas application filing procedures proceeds smoothly. In addition, a process period of an application filed under the Patent Prosecution Highway (PPH) is shorted from 4 month to 3 months. As this is linked to the PPH improvement policy which are currently operated in USA and Japan, securing of a patent of a Korean company having entered in the corresponding countries is expected to be faster (January 2025).
The process period of re-examination which can be requested instead of an appeal against a decision to reject a patent is extended from 1 month at present to 6 months, to expand a general examination process (April 2025). An examination order of a divisional application is also changed. Previously, an examination of a divisional application was faster processed according to the order of filing a request for examination of an original application (the first application before the divisional application is filed). However, at present, an examination of a divisional application is processed in order of filing a request for examination of the divisional application like in USA, Japan, etc. (January 2025).
KIPO plans to focus available capabilities on an examination process by expanding managerial workload through company-wide efforts.
An examination processing target volume of an examiner, at a manager level (head and team leader of an examination department), is temporarily expanded. Ex officio correction by an examiner is activated to minimize unnecessary administrative procedures and to lower an applicant’s burden. In addition, KIPO in cooperation with the related ministries will make every effort to secure additional examination staff, to more stably manage an examination process period. Through these plans, the examination process period which was 16.1 months in 2024 (based on the entire technology fields) is expected to be 15.1 months in 2025, reducing it by 1 month. Further, to flexibly respond to internal and external environmental changes, KIPO will establish mid- to long-term patent examination service innovation plans within the year.
2. Official fee system of an IP application and an IP right is changed in 2025.
KIPO announced that reduction in official fees of an IP application and an IP right for an individual and a small business has been expanded from this year. Official fees for an individual or a small business damaged in special disaster areas are reduced up to 90% and a time limit of using an IP point given to an IP client is extended from 5 years to 10 years.
① KIPO expands the support of official fee reduction for IP applications (patent, utility model, design) and IP rights for an individual or a small business damaged in special disaster areas. 70%~90% of a total of official fees can be reduced for an individual, and 70%~80% for a small business.
One eligible for reduction should describe a reason for reduction in an application, etc. and submit a ‘damage fact confirmation’ proving that (s)he is eligible for reduction. The period for reduction of official fees is 1 year from the disaster declaration day. This reduction system is expected to be helpful for an individual or small business who is a disaster victim in restoring daily life.
② The period of using an IP point is extended from 5 years to 10 years to relieve official fee burden of an individual or small and medium company.
③ In case of inevitably using KIPO’s emergency filing service due to a system failure of WIPO’s ePCT (electronic patent cooperation treaty) which is used to file an international application, an applicant receives the same reduction benefits (300 Swiss Franc) for electronically filing an application as when using the ePCT.
In the process of transferring a patent held by a technology trust management agency, transfer registration fees and trust and change registration fees are waived and a reduction rate of patent annual registration fees is adjusted upward from 50% previously to 70%. The technology trading marking is expected to be activated by reduction in patent holding fees or transfer fees of a technology trust management agency.
3. LG Electronics was ranked 1st in the world in the number of AI robot-related patent applications.
- Amid China’s offensive, LG Electronics ranked 1st and actively pursued patent rights.
- The number of worldwide patent applications for AI robots rapidly increased by an annual average of 58.5% over 10 years.
KIPO analyzed the patent applications related to robots substantially applying AI technology, which were filed IP5 (KIPO, USPTO, CNIPA, EPO and JPO). As a result, the number of these applications increased by an annual average of 58.5% over 10 years (2012~2021), from only 20 in 2012 to 1,260 in 2021.
Upon looking at the applicants’ nationalities, 1st was China with 60% (3,313 applications), followed by 2nd South Korea with 24.7% (1,367), and 3rd USA with 8.1% (446). From the annual average increase rate over the 10 years, China with 59.7% leaded the AI robot-related patent applications and South Korea with 53.4% ranked 2nd.
As a result of analyzing the applied AI technology, 1st was the application control technology with 53.6% (2,962 applications) applying robots to various fields, such as education, entertainment, medicines, etc. 2nd was the interaction technology with external environment with 33.8%(1,869) that robot recognizes and manipulates objects. 3rd was the drive control technology with 12.6% (694) which controls robot’s movement by learning.
Major applicants included: 1st LG Electronics (18.8%, 1,038 applications), followed by 2nd Japanese FANUC (1.8%, 97) and 3rd South China Normal University (1.5%, 83). LG Electronics combined cleaning robot, service robot and logistics robot with the AI technology for object recognition and voice recognition, to actively securing rights at home and abroad. Samsung Electronics ranked 8th (0.7%, 41), showing the growth potential of Korean companies in the AI robot field.
A manager of the intelligent robot examination department of KIPO said, “it was confirmed that the number of AI robot-related patent applications rapidly increased in the application control technology field…Most of the applications filed by Chinese applicants were limited to its home country. In China, the number of patent applications filed by the world major companies including Tesla, etc. was small. Therefore, If Korean companies strive for development of the interaction technology with external environment and the drive control technology and take an active part in securing rights, it is a good opportunity for South Korea to secure AI robot-related patent rights.”
4. Korea Intellectual Property Trial and Appeal Board (KIPTAB) increase trial expertise focusing on the advanced strategic industry.
- Of 36 trial boards of KIPTA, 9 operate focusing on the advanced strategic industry.
- It is expected that trial expertise be strengthened and an IP dispute be rapidly solved.
KIPTAB of KIPO announced to reorganized the work among the patent trial groups and to renew the arrangement of judges from January 1, 2025, to strengthen the trial expertise and to rapidly process litigation in the trademark field.
Previously, since the patent trial groups were formed centered on the traditional industry, there were limitations in reflecting the convergence trend of the latest technologies, such as AI, semiconductor, secondary battery, etc. KIPTAB plans to reorganize trial groups focusing on the advanced strategic industry and to expand dedicated trial boards in line with the latest technological trends.
KIPTAB plans to increase the number of dedicated trial boards in charge of advanced technologies among a total of 36 trial boards, previously from 6 to 9 fields adding robot, bio and medicine. In the newly established 3 trial boards, the professional judges, such as doctor, professional engineer and highly experienced people in examination and trial, will be additionally arranged. The dedicated trial boards are for the fields which are (previously) semiconductor, mobility, secondary battery, AI, next-generation communication, digital media and (additionally) bio, robot and medicine.
In addition, a trademark judge will be additionally arranged to rapidly solve a dispute in the trademark field where trial claims have been concentrated. Work will be reorganized focusing on mechanical and electrical trademarks, chemical and food trademarks and household goods trademark and design, to enhance the expertise.
The president of KIPTAB said, “IP-related disputes will be rapidly and correctly solved by increasing the trial expertise through the reorganization of trial work focused on the advanced strategic industry, thereby expecting to contribute to increasing the dynamism of Korean economy.
He also added, “KIPTAB will continue to make every effort to conduct fast and accurate and fair trial work by actively collecting clients’ opinions.”
5. The classification of goods to which designs are applied has been changed from 2025.
- 143 goods names, such as massage bed and pillow, etc. are added to be applied from January 1, 2025.
KIPO published that applicants need to be careful when filing a design application since classification standards for some goods have changed since January 1, 2025. The names of some goods reflecting Korea transaction conditions, such as massage bed and pillow, have been added and the names of some goods reflecting the latest industrial trends, such as ‘charging station’, ‘delivery drone’, etc., have been newly established.
<143 names of goods, such as massage bed and pillow, etc., have been added and to be applied from January 1.>
These changes have been made since the 15th edition of the Locarno Classification, which is the international standards of design goods classification, officially came into effect on January 1, 2025.
To reflect the changed design international classification standards in Korea, the notice of ‘list of goods by classification’ was amended in November 2024. In the amended notice, 143 new names were added and 56 names of goods were deleted. A total of 246 names and classes of goods were changed.
In this amended edition, the names of some goods reflecting Korea transaction conditions, such as massage bed and pillow, have been added and the names of robot and smart goods reflecting the latest design industrial trends have been newly established.
A ‘massage pillow’ which was vague as to the classification is classified into Class 6 (furniture), together with the other massage equipment. A ‘charging station’ of a robot cleaner, electric bicycle, etc. is classified into Class 13 (electric equipment), as the same as the other chargers. A ‘delivery drone’ is newly added into Class 12 corresponding to means of transportation.
The point requiring special attention from applicants is that whether some goods are eligible for partially-examined design registration depends on these changed standards.
A ‘smart ring’ which is a ring-shaped wearable device has been changed from Class 10 (clocks and watches and other measuring instruments) to Class 11 (articles of adornment) which corresponds to subjects of partially-examined registration. A ‘digital whiteboard’, which was previously classed into Class 19 (stationery and office equipment) which was eligible for partially-examined registration, has been considered as goods having the properties of data processing devices, etc. and classified into Class 14 which is eligible for general examination.
If goods are not described in an application based on the changed goods classification, the procedures, such as a notice of reason for rejection relating to an amendment to the classification of goods, etc., may be added.
The changed classification standards have been applied to applications filed on January 1, 2025. The 15th edition of the Locarno Classification and the notice of ‘list of goods by classification’ reflecting the Locarno Classification are available in KIPO website (www.kipo.go.kr) from January 1, 2025.
6. The trademark objection period is shortened to 30 days, to be helpful for a trademark owner in rapidly making it as a right.
- The amendment bill of the Trademark Act for shortening the ‘trademark objection period’ was passed in the plenary session of the National Assembly.
- The amendment is scheduled to take effect in July 2026.
According to KIPO, a partial amendment bill of the Trademark Act aiming to shorten a trademark objection period was passed in the plenary session of the National Assembly (December 27, 2024).
As the trademark objection period was shortened (from 2 months to 30 days), the examination completion period of a trademark application has been shortened and therefore, it is expected that the time to secure an applicant’s right will be accelerated.
Under the objection system according to the Trademark Act, when an examiner decides to publish a trademark application since the examiner does not find any reasons for rejection against the trademark application, anyone may file an objection within 2 months from the day of publishing the application to get a public examination.
The current system gives an objection period of 2 months from the day of publishing an application. However, considering that it took about 13.2 months (as of November 2024) to start a first examination, there has been a need to shorten the objection period in order for an applicant to rapidly secure a right.
In fact, since the number of cases with objections in comparison to a total of published applications was only about 1%, it is expected that the effect of shortening the total examination processing time will be significant by rapidly securing the rights of the remaining 99% of published applications.
But, since the information of a trademark filed in an application is published from the beginning of filing the trademark application, it is possible for a third party to file an objection, through the information providing system, anytime during the examination period of the trademark. In addition, as the extension (30 days) to a period of correction to reason for objection has been prepared, the third party’s opinion collection period will be actually maintained at the previous level.
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