|
|
|
 |
Home > Material Room > News Letter |
|
| |
| |
Newsletter/March 25, 1999 No. 50
The Time Limit for Filing of Patent Litigation to be Capable of being RenewedThe Industrial Property Tribunal (IPT) made it possible to add an additional period of about thirty days to the former thirty days, regarding the time limit of patent litigation.
In patent litigation, the suit should be brought within thirty days from the date of receipt of a certified copy of the trial decision to the Patent Court until now.
However, in the case that a person who intends to bring litigation against the trial decision is a foreigner, the time limit of patent litigation was too short, so that the person would miss the opportunity of litigation.
Moreover it was impossible to draw up truthfully the answer or the brief due to the short period.
The extension of the time limit will be allowed by the authority of the Presiding Trial Examiner of the IPT if the claimant of the trial proposes the extension.
The time limit for the patent litigation will be extended within twenty days for natives and within thirty days for foreigners in principle.
Consequently, the suit may be brought within a maximum of sixty days from the date of receipt of a certified copy of the trial decision.
Products Obtained Last Year After the Inauguration of the Industrial Property Tribunal and the Patent CourtThe Industrial Property Tribunal (IPT) and the Patent Court (PC) met on their first anniversary on March 1, 1999.
Owing to the establishment of the IPT, the period of trial proceedings has been reduced to approximately six months as compared with more than a year in the beginning of last year.
Moreover, the execution of the oral trial has been largely expanded, so that it is possible to obtain a more truthful and objective trial decision.
The acceptance rate of trial decisions of the IPT reached 60 %, while in the Patent Court the withdrawal rate of trial decisions of the IPT reached only 14%.
During last year, the Patent Court contributed to fair and rapid judgments, the specialization of judges, and the establishment of the technical hearing official system.
The Patent Court assigned nine technical hearing officials for three departments of judgment and made them take part in the judgment proceedings, so that the specialization of judgments has been considerably improved.
These officials have been dispatched from the Korean Industrial Property Office and were specialists in the electrical engineering field, the mechanical engineering field and the chemical field.
Owing to the establishment of the Patent Court, the patent attorney may play a leading role in pleadings before the patent court.
KIPO Doubled a Support Fund for Abroad ApplicationKIPO adjusted its support fund for abroad application by a personal inventor and a small business company to 1,200,000 won and upward from this year.
According to the invention promotion department, the support fund has been increased from 600,000 won to 1,200,000 won for supporting personal inventor and small companies, while an application for support would be accepted at any time of year, which had been accepted only every quarter of year before.
However, an invention was supported only by application without examination of quality until now, but KIPO would support only the technology recognized as an excellent technology through the estimation of the technology.
An LG Information and Communication Company, Accomplished to Establish a Patent Information Retrieving System in the KIPOAn LG information and communication compan |
| |
 |
| |
|
| |
|
|
|
