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Newsletter/October 25, 1998 No. 45

The Main Contents of the amended Patent Law

1. A person desiring to initiate a procedure relating to a patent may file the patent application through electronic documentation through the network.
2. The person who solicits the patent may file the patent application and utility model application at the same time for the same technology.
Thus the applicant may acquire the utility model right first and then if he/she is allowed to obtain a patent after the examination on his/her patent application, he/she shall select one out of the utility model or patent.
3. According to the current system, where the safety tests, etc. must have been obtained in order to use a patented invention such as a drug or agricultural chemicals, only in case the patented invention can not be used for over two years as a result of such tests, the term of the patent right may be extended by such a period.
However, the amended law allows an extension of the term of the patent right although the period of which the patent invention could not be used does not exceed two years.
4. The KIPO will search the prior art relating to international patent applications and examine novelty and industrial applicability of applications, then present their findings to the applicants and the International Bureau as an International Searching Authority and International Preliminary Examining Authority.
Futhermore domestic applicants who intend to file an international application will be able to file an PCT application in Korea.

The Main Contents of the amended Utility Model Law

1. The utility model will be registered without substantial examination but only through the examination for the formal and basic requisites.
2. The double applications for one technology will be allowed.
Thus the applicant of the patent application will be able to file the utility model application regarding the same invention, and after that when the examination of the patent application is finished, the applicant can obtain the patent by abandoning the utility model right registered previously.
3. Any person can file the request of technology evaluation regarding the utility model right to the KIPO for confirming the validity of the utility model right.
The owner of utility model right desiring to exercise their right must submit the certified copy of the Decision for Maintenance of Registration executed by the KIPO.
4. The term of the utility model right is 15 years from the filing date, but the amended bill will cut it down by five years with regard to the early registration of the utility model right.
Thus the term of utility model right will be 10 years from the filing date.

Opening of the Early Registration System of the Utility Model Right

The relevant laws related to the utility model application will be generally revised to the early registration system to be followed by technology evaluation.
The Early Registration System of the Utility Model Right will be enforced from next July.
In accordance with the revised Utility Model Law, the utility model will be able to be registered within about three months from the filing date, only through the examination for the formal items and the requisites for the specification description.
To restrain the abuse of invalid rights owing to the early registration system without substantial examination, the technology evaluation system will be adopted.
The owner of utility model right desiring to excercise their right must submit the certified cop
 
 
 
 
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