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The average life of a patent is 11.1 years, increasing by 1.4 years over the last ten (10) years(News Letter No. 407)

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KH

Post Date 

2019-05-02

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1. The average life of a patent is 11.1 years, increasing by 1.4 years over the last ten (10) years

According to the Korean Intellectual Property Office (KIPO), as a result of analyzing a total of 35,261 patents which terminated in 2018, the holding period from the filing of a patent application to the termination of a patent right is 11.1 years on average.

This is the maximum term since the holding period of a patent was assessed, showing an increase of 1.4 years over the last ten (10) years (compared to 2009).

Of the patents terminated in 2018, long term patents with a holding period of 15 years or more are 19.8%, patents with a holding period of 11~15 years are 27.4%, patents with a holding period of 6~10 years are 34.7%, and patents with a holding period of 5 years or less are 18.1%.

Compared to the ten years ago, the percentage of the patents held for a short term of 10 years or less decreased from 64.2% to 52.8%: whereas, the percentage of the patents held for a long term of 15 years or more increased from 8.5% to 19.8% by two (2) or more times.


2. Renewing a shared trademark becomes easy

According to KIPO, an amendment to part of the Trademark Act passed by the National Assembly was announced on April 23, 2019. In the case of a shared trademark in common owned by a plurality of people by reflecting a ‘social value’ of the government transformation, when the people want to continue to use the shared trademark by renewal, this amendment permits the renewal of the trademark even by a request of only one of the co-owners.

Previously, for a renewal registration of a shared trademark, the trademark right could be extended only if all of the co-owners requested to do so. Accordingly, where two or more co-owners owned a trademark in common, there was the inconvenience of obtaining consent from each of the co-owners even to continue to keep the present trademark right.

Further, people had experienced difficulties or damage cases since no contact with any co-owners was available due to immigration, bankruptcy, unknown whereabouts, etc. or since anyone of the co-owners maliciously rejected the renewal registration of a shared trademark and secretly filed an application for the same trademark to obtain the trademark by himself/herself only.


3. KIPO published asurvey result of the present state of Korean companies’ foreign patent applications

①88% of Korean patent applications gave up and 96% of the patent applications filed by Korean small and medium companies gave up filing foreign patent applications.
② In the field of food and direct consumer goods which the Hallyu (the Korean Wave) products such as cosmetics, food, etc. belong to, 98% gave up filing foreign patent applications.

KIPO published the survey result of the present state of the foreign patent applications filed over the five (5) years (2011~2015) by the major applicants including Korean companies, universities and public research institutes.

This survey tracked the present state of foreign patent applications with respect to 779,005 new Korean patent applications filed from 2011 to 2015.

Only 11.7% of the new Korean applications filed by Korean applicants in 2015 were filed in foreign countries.

By the applicants, the rate of the foreign patent applications filed by Korean big companies was 36.8%, whereas, the rates of the foreign patent applications filed by Korean research institutes, universities and small and medium companies were just12.3$, 4.5% and 4.3%, respectively.


4. Filing patent applications related to mobile ultrasonic fingerprint recognition is active

While the ultrasonic fingerprint recognition technology has received attention as it has been adopted in a smart phone recently released by a Korean company, the number of patent applications related to the ultrasonic fingerprint technology has rapidly increased.

As a result of analyzing a total of 686 patent applications related to the ultrasonic fingerprint recognition, which were filed over the last ten (10) years (2009~2018), the number of the relevant patent applications filed during the last five (5) years (2014~2018) was 621, showing an increase of 855.3% or more compared to 65 applications filed the previous five (5) years (2009~2013).

At present, the representative fingerprint recognition technologies are three: capacitance type, optical type and ultrasonic type. The capacitance and optical fingerprint recognition-related applications were respectively increased by 302.6% and 383.1% during the same period. Compared to these applications, the increase in the number of the ultrasonic fingerprint recognition-related applications was the biggest.


 

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