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Title

Anyone can easily receive a major patent trial decision(News Letter No. 393)

Author 

KH

Post Date 

2018-10-01

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1. Anyone can easily receive a major patent trial decision

According to the Korea Intellectual Property Trial and Appeal Board (KIPTAB), an e-mailing service for major trial decisions, including trial cases having social issues, has started since September, 2018.

Previously, it was inconvenient to directly conduct searches in the patent information net (www.kipris.or.kr) to view a trial decision as desired.

However, at present, if anyone requests an e-mailing service at the KIPTAB homepage (www.kipo.go.kr/kr/ipt), (s)he can easily receive a major trial decision by e-mail.
Now about 50 major trial decisions are open in the KIPTAB homepage and KIPTAB will renew major trial decisions and e-mail them everyday.

The trial decisions of KIPTAB have been all published since 2002, except for the undisclosed patents.


2. An increase in patent examiners is connected to an improvement of patent quality

The Korean Intellectual Property Office (KIPO) has continuously made efforts to increase the number of patent examiners by 30 in 2017 and 16 in 2018.

In the past, since KIPO supplied a lot of administrative power to shorten the examination processing period to a level of 20 months, there was difficulty in inputting capacity to improve examination quality. However, after the examination processing period was stabilized at about 10 months in 2015, KIPO has tried to improve examination quality by increasing the time to be used for examination per patent application. The quality of patent examination applications has been improved by adding the relevant examinations having high-tech technical expertise. The efforts to improve patent quality need to be continued even for international licensing, such as patent technology sales, etc.

KIPO has a plan to supplement much more professional personnel as an examiner in the future. 77% of the examiners who have been recently added by KIPO are high-quality human resources of natural sciences and/or engineering with a master’s or doctor’s degree and 63.6% are female examiners.


3. KIPO held a public hearing of an amendment to an ‘indirect infringement of a patent’

- The regulations of an indirect infringement have been sharply amended since 1973 and the transmission of 3D printing data is also protected.

KIPO held a public hearing of an amendment to patent infringement regulations in an international conference room in the Korea Intellectual Property Service Center.

This public hearing was related to the major matters of an amendment to an indirect infringement, to enhance the effectiveness of patent protection and to flexibly cope with the type of an infringement which newly appears in the digital-network environments.

In most countries including the Republic of Korea, an action of carrying out the technology of a patent invention without permission of a patentee is regulated as a direct infringement to be prohibited. Specially, although it is not a direct infringement, an action having a high possibility to be a direct infringement of the entire of a patent invention product by producing a major part according to the patent invention is regarded as an indirect infringement to be prohibited, thereby enhancing the effectiveness of a patent system.

Under this amendment to indirect infringement, a case which it is not an exclusive product can be considered as an object to which an indirect infringement is applied. However, to prevent an imprudent application of the indirect infringement, the indirect infringement is limited to a ‘core component’ and is applied to only the case ‘of knowing that the core component is used for a patent invention.’

Further, an action of providing ‘3D printing data’ of a patent product through a communication network of information while knowing that the 3D printing data are used for the patent invention is regarded as an infringement, enabling the effective patent protection in the digital-network environments.


4. The number of patent applications related to an elevator combined with the artificial intelligence (AI) technology

According to KIPO, the number of Korean applications relating to the AI-applied elevators has greatly increased since 2015. The number of these applications was only less than ten (10) until 2014 but has been recorded as 20 or more every year since 2015. The number of these applications filed over the last three (3) years (2015~2017) increased by 171% compared to the earlier previous three (3) years (2012~2014).

The type of technologies of the applications filed over the last three (3) years is as follows: the technology of operation efficiency was filed in the most applications (38 applications), followed by the technology of failure diagnosis and prediction (16) and the technology of user interface (11).

In the technology of operation efficiency, the relevant applications were focused on the technology of allocating an optimal elevator and optimizing an operation path by learning the operation pattern of an elevator by times and by days of the week.

In the technology of failure diagnosis and prediction, the number of the relevant patent applications for the last three (3) years was the most increased by four (4) times compared to the previous three (3) years. Such an increase is considered to have resulted from the studies to diagnose and predict a failure which were actively conducted as it was possible to collect and process a diversity of data regarding each component of an elevator by the development of information and communications technology, such as Internet of Things, big-data, etc.,

Further, applications relating to the technology of user interface were steadily filed, in which the technology is to conveniently call an elevator and move it to a desired floor by applying voice recognition, face recognition, etc. in a user interface,
 

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KIPO held a ‘Design Protection Forum’ on a tour of Seoul, Busan, Daegu and Gwangju(News Letter No. 394)

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The number of trademark disputes related to the imitation of foreign brand trademarks has decreased(News Letter No. 392)