1. The number of Korean IP (Intellectual Property) applications filed in the first half of this year increased in spite of COVID-19
- An increase in the number of applications is remarkable in the untact (which means contactless environment) industrial field.
While a negative economic growth in the worldwide major advanced countries has been expected due to the pandemic COVID-19 spread, the number of IP applications (including patent and trademark, etc.) has increased, showing a positive signal of an economic recovery.
According to IMF (International Monetary Fund), the global economic growth rate of this year is expected to decrease by 4.9% by each country’s blockade and the reduction in international trade due to COVID-19. Specially, a negative growth in the major advanced countries is forecasted as serious as 8.0% for US, 10.2% for Eurozone and 5.8% for Japan, among the others.
An expected economic growth rate for South Korea is △2.1% which is relatively higher than the other advanced countries. However, considering that it is the lowest in 22 years since the currency crisis in 1988 (△5.1%), it looks that South Korea also needs to prepare various measures to defend against the economic recession.
Despite those negative prospects, the number of Korean IP applications filed this year has increased compared with the last year, showing the possibility of economic recovery and growth.
In the patent, utility model, trademark, design applications (except for copyright), the total number of these IP applications filed during the first half of 2020 was 253,028, increasing by 4.5% compared with the same period of the previous year. The number of patent applications increased by 2.1% and the number of trademark application increased by 9.4%, leading the increasing trend of the total IP applications.
Over the first half of 2020, the number of patent applications was 99,336 (↑2.1%), the number of utility model applications was 2,306 (↓16.5%), the number of trademark applications was 120,833 (↑9.4%) and the number of design application was 30,522 (↓3.3%).
Although the activity of filing the IP applications was reduced for a while since last March when the COVID-19 spread was in earnest, the number of the applications rapidly increased by 17.3% in June compared with the previous month and by 20.7% compared with the same month of the previous year, recovering the increase tendency of the total number of the applications over the first half of 2020.
The increase in the number of the IP applications even during the emergency alert over economic activities is considered as resulting from the companies’ efforts to overcome COVID-19 through the untact technology services.
The number of patent applications filed in the untact-related fields including online shopping and distribution, etc. during the period of January-June 2020 increased by 27.2% compared with the first half of 2019. By months, the number of the applications filed in January decreased by 15.8% compared with the same month of the previous year but the number of the applications filed in the other months recorded the increase of two digits, respectively.
The performance in the trademark and design applications in the untact fields came out clearly. The number of the trademark applications in the untact fields, such as e-commerce, communication and broadcasting, etc., increased by 12.5% (by 4,209 cases) compared with the first half of the previous year. Considering the increase in the total number of the trademark applications during the corresponding period was 10,356 cases, the untact fields are regarded as contributing by 40% or more to the increase of the trademark applications.
In the design applications, the total number thereof in the first half of 2020 decreased by 3.3% compared with the same period of 2019. However, the number of the design applications in the hygiene and medical sectors, such as masks and diagnosis booths, etc., increased by 238.3%, recording an increase of 42.6% in the entire untact fields.
Companies’ IP activities indicate the intention for creating a new industry and securing competitive advantage. Further, in the point that the recent IP activities have been focused on the untact industries, it is confirmed that coping with the post COVID-19 has been already performed in earnest by companies, etc.
2. The way is open to easily obtain a Taiwanese patent relating to a microorganism
- It is possible to file a patent application in Taiwan, only with the Korean deposit of microorganisms.
KIPO (Korean Intellectual Property Office) and TIPO (Taiwan Intellectual Property Office) concluded a MOU (Memorandum of Understanding) to cooperate in mutually recognizing the deposit of microorganisms. On September 1, 2020 the two implemented the system that, as to a patent application, they mutually recognize the deposit of microorganisms deposited in the Korean or Taiwanese microorganism deposit institution.
When filing a patent application for an invention relating to a microorganism, the relevant microorganism must be entrusted to an authorized institution according to the Patent Law and the Budapest Treaty. When filing a Korean patent application for an invention relating to a microorganism, the microorganism must be deposited in the Korean deposit institution as designated by KIPO, and when filing a PCT international patent application thereof, the relevant microorganism must be deposited in the international deposit institution approved by WIPO.
However, when a Korean applicant files a patent application for an invention relating to a microorganism in Taiwan that is not subscribed under the Budapest Treaty, the applicant has had a burden in depositing in a Taiwanese deposit institution even though the applicant has deposited the microorganism for a patent in the Korean deposit institution.
From August 2018, KIPO started negotiation with TIPO and now has newly implemented the system of mutually recognizing the deposit of microorganisms. Under this system, when a Korean applicant, who want to file a patent application in Taiwan, has deposited a microorganism in the Korean deposit institution, the applicant can file a patent application without depositing the microorganism in Taiwan.
Recently, Taiwan has recognized the importance of the health care according to the growing longevity of the population and the live extension, designated the biomedical industry as a core nurturing industry and made every effort to develop the relevant industry.
The Korean companies in the relevant industry have tried to advance in Taiwan. The Korean companies’ patents (applications) relating to the deposit of microorganisms reached 79 cases over the period of 2015~2019, increasing by 6 times or more compared with the previous same period (2010~2014).
3. Filing a design application becomes easier from September 1, 2020
- The requirements for filing a drawing for a design application are greatly alleviated.
According to KIPO, the requirements for filing a drawing for a design application to be filed from September 1, 2020 are greatly alleviated, making it easier and convenient to file a design application.
From now, when an application for a font design is filed, it is acceptable to submit a font file (TTF).
Previously, after a font (font file) has been developed and manufactured, there was an inconvenience to additionally make a drawing when filing an application for the relevant design. However, as the submitting of a font file itself is allowed, the time and cost required for additionally making a drawing can be saved.
Further, in case of submitting a drawing in a 3D stereoscopic file when filing a design application and amending it, it is possible to submitting a drawing in a 2D file. In case of submitting a drawing in a 2D file, it is allowable to be amended by a 3D stereoscopic file drawing. The 2D files are TIFF and JPEG and the 3D stereoscopic files are 3DS, DWG, DWF, IGES and 3DM.
Previously, when making an amendment after filing a design application, there was a restriction that the amendment must be submitted in the same file format as the file format of the drawing as submitted. For example, when an application was filed originally with a drawing in a 3D stereoscopic file format, an amendment was possible only with a drawing in a 3D stereoscopic file format. When an application was filed originally with a drawing in a 2D file format, an amendment was possible only with a drawing in a 2D file format.
However, in the future, such restriction will be lifted so that an applicant can select a file at his/her convenience, to more conveniently make an amendment.
In addition, a description of the matters, such as ‘national research and development program’ and ‘design transfer hope’, is allowed in a design application. Since such description can be informed to majority through a design publication, the promotion and transaction of a design right are expected to be active.
4. Korean walkthrough (K-walkthrough) no. 1 has been registered as a patent
- The K-prevention technology protection and the stable supply base are prepared.
The first patent of the ‘Korean walkthrough (K-walkthrough)’ as the representative of the K-prevention has been registered.
On August 24, 2020 KIPO decided to register a patent of a Korean screening clinic technology in the application filed on May this year by Dr. Kim Sang-il, President of Yangji Hospital.
This first patent of K-walkthrough has the significance that the idea in the field to efficiently cope with COVID-19 has been granted as a right for the first time.
Walkthrough is a diagnosis method to collect a specimen while a patient walks through a place prepared outside a building. Since K-walkthrough was first shown in February this year in South Korea, it got a lot of attention from the world.
This is a practical use of the creative idea to prevent the infection of the medical staff and to reduce the waiting time for a test under the COVID-19 spread. As the number of the walkthrough development companies has increased, the number of the patent applications relating to the walkthrough technology has continued to increase. The number of the relevant applications increased from 9 (in March 2020) to 41 (in August 2020).
As the various walkthrough technology which has developed is registered as a patent, a base is prepared to properly protect and stably supply the K-prevention technology developed in the worldwide crisis situation of COVID-19.
The first K-walkthrough patent has the feature that a particularly devised disposable glove is attached to a glove for collecting a specimen so that the disposable glove is easily replaced for every subject to be tested, to reduce the infection risk between subjects to be tested.
As to this registered patent, the examination procedures (① preferential examination, ② preliminary examination and ③ three (3) examiners’ consensus consultation examination) were rapidly finished within about three (3) months after filing the patent application.
① Preferential examination system: when an applicant requests a preferential examination with respect of an application having certain requirements, the application is preferentially examined over other applications.
② Preliminary examination system: Before starting an examination, an examiner exchanges an examination opinion with an applicant, etc. through a face-to-face interview, to seek an accurate examination and to promptly obtain a right.
③ Three (3) examiners’ consensus consultation examination system: To enhance the accuracy and consistency of an examination, three (3) examiners collect opinion from an early stage of a patent examination and examine the patent invention in the names of the three (3).
The registered K-walkthrough patent technology is published through the Korean patent abstracts (KPA) to the worldwide 61 countries including US, China, Japan, Mexico, etc.
This opportunity is expected to widely inform the excellency of the K-prevention and to spread, to the world, the Korean companies’ innovative technology created during COVID-19.
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