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KIPO operates, on a trial basis, a consensus examination communicating with an applicant(News Letter No.437) |
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KH |
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2020-08-03 |
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5159 |
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1.KIPO operates, on a trial basis, a consensus examination communicating with an applicant
When an applicant wants a communicating consensus examination regarding a convergence technology-related application, KIPO operates, on a trial basis, the communicating consensus examination which is a high quality examination service by three (3) examiners who participate in an interview to rapidly and accurately examine the application.
Previously, the subject to be under a consensus examination has been selected by an examiner. However, a consensus examination expands to be available to an application requested by an applicant.
An applicant can simply request a consensus examination by three(3) examiners by requesting an ‘interview’ as to an application to be examined in the Convergence Technology Examination Bureau of KIPO.
An applicant can request an interview in the menu of ‘Request for Examination’ in ‘Request/Submission’ at www.patent.go.kr, without any extra fees.
But, considering the beginning of operating this service, the communicating consensus examination is limited, on a trial basis, only when a case meets two requirements: ① the necessity of the three-examiners’ consensus examination shall be recognized and ② a representative patent attorney shall attend.
This consensus examination can be safely used from the threats of COVID-19 since a non face to face interview, such as a video conference or phone interview, is available,
KIPO fully introduced the three-examiners’ consensus examination system taking an opportunity of newly establishing the Convergence Technology Examination Bureau in November 2019. This consensus examination system is evaluated as having provided a better quality examination service since the opinion of three examiners is presented.
2.It is possible to extend a patent term of a psychotropic drug for treatment
KIPO announced to enforce from July 14, 2020 a partial revision to the Enforcement Decree of the Korean Patent Law and Utility Model Law improving the extension systems of a patent term and a utility model term by adding into a subject of extension of a patent term, a narcotic drug receiving item approval from the Ministry of Food and Drug Safety (MFDS).
In the case where a patent is registered, a term of the patent is in principle twenty (20) years from the filing date of the patent application. Since the patent lapses after the patent term, anyone may freely work it.
However, since anyone who wants to manufacture or sell a drug or pesticide shall take special procedures for item approval and registration in MFDS or Rural Development Administration (RDA), even though (s)he obtains the relevant patent, (s)he cannot use the patented technology during the period of waiting for the approval or registration and thus the term of executing the patent is shortened.
In this regard, KIPO has operated the system of extending the patent term, within the five (5)-year limit, as long as it has taken to get an item approval or registration. Previously, the subjects of this system have been defined as medicine or medical supplies which are item-approved by MFDS according to the Pharmaceutical Law and as the agricultural pesticides and agrochemicals registered with RDA according to the Pesticide Control Act.
However, even though the drugs, such as narcotic analgesics, etc., for manufacturing and sale must get item approval from MFDS according to the Narcotics Control Act, since these were not included in the subjects of patent term extension, there were many opinions that this is against institutional equity.
Therefore, KIPO revised the Enforcement Decree of the Patent Law such that a patent term is extendable in the case where it takes time for a narcotic drug to get item approval. The revised regulation has been applied to the case of filing an application for extension registration of a patent term since July 14, 2020.
3.KIPO strengthens actions against overseas online counterfeit goods distribution
KIPO announced to expand the support to take actions against the overseas online counterfeit goods distribution to the ASEAN six (6) countries and Taiwan from China, by using two billion Korean won of a supplementary budget. The ASEAN six (6) countries are Malesia, Vietnam, Singapore, Indonesia, Thailand and Philippine.
Prior to the full expansion, a demonstration projection (March ~ May 2020) was operated to the ASEAN six (6) countries, resulting in successfully blocking 845 sales posts of the counterfeit goods of Korean products.
The basis for the actions against the online counterfeit goods in the ASEAN regions was prepared by concluding MOUs with the top first and second businesses in ASEAN online shopping malls.
According to KIPO, the monitoring of the online counterfeit goods in the ASEAN six (6) countries and Taiwan is different than the proceeding in China.
Whereas minority experts handle the work in a batch in China, an ‘online counterfeit goods monitoring unit’ is formed considering the number of countries and language specificity in the ASEAN six (6) countries and Taiwan.
The monitoring unit consists of about 200 people including IP experts, job discontinued women and unemployed young people, to collect and verify the evidence of counterfeit goods and to request the deletion of the counterfeit goods posts.
The monitoring unit started the full work from the end of month through the education of about two weeks and most worked at home due to COVID-19.
Meanwhile, 41 companies needing support in taking actions against the counterfeit goods distribution in the ASEAN six countries and Taiwan were selected through the first evaluation of companies. Since this support by the selected companies is performed in more than five (5) countries on average, the effect is expected to support about 200 or more companies.
4.KIPO-WIPO cooperate to strengthen the intelligence information service
According to KIPO, KIPO and WIPO jointly perform three (3) cooperative tasks in the intelligence information service area through an agreement, to improve the convenience of an applicant of a PCT application and the efficiency in patent administration.
Both agreed to cooperatively carry forward, for two (2) years, the tasks: “the acceleration of a PCT web-application service”, “the standardization of an electronic document and the expansion in electronic exchange” and “the improvement of AI machine translation quality”.
The major content is to expand the function of the web-basis international patent application filing system (ePCT) so that a domestic applicant can submit PCT documents and intermediate documents, without an electronic certificate and, even if an applicant completes the filing of the PCT application, the applicant can freely amend the content of the application and file it again on the same day.
They also plan to further strengthen the linkage of electronic systems between KIPO and WIPO. The electronic documents in the format of XML, such as a notice of examination of a PCT application, are to be standardized. A previous method of sending a document by mail or receiving it by fax will be changed to a method of automatically electronic exchanging a document online.
In addition, KIPO and WIPO will prepare a common basis for exchanging learning data and evaluating translation quality, to enhance the accuracy in the AI machine translation to translate the PCT application in Korean, which is an international publication language, to English.
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