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Newsletter/ December 31, 2000 No. 71

Art opened on the internet is unable to be registered.

Technologies opened on the internet prior to patent application are unable to be registered.
In WIPO's patent law permanent committee held in Geneva, Switzerland, a lot of the participating countries such as U.S.A., Germany and the like insisted that arts opened on the internet should be regarded as prior arts according to the trend of generalization of technology disclosure on the internet.
If their insistence is received, in case that inventors opened their art on the internet prior to the patent application, the inventors as well as those who file similar patent applications can't gain patent rights.
Up to now, many countries didn't regard arts opened on the internet as prior arts because the arts has no evidence ability, so arts similar to those opened on the internet could be registered.
However, this tendency was changed according to the generalization of the internet.
There is a provision of "an invention written in a publication made in the inside and outside of country prior to patent application can't be registered(29 article)" in Korean patent law, nevertheless an opening on the internet has not been included in this provision.
But, from now on, it seems unavoidable to add an opening on the internet in the provision.

KIPO developed system for analyzing patent information.

KIPO developed a patent information analysis system which can produce a patent map by analyzing a variety of patent information on the internet.
KIPO plans to distribute the software to people from January, 2001, so that general applicants understand a tendency of technologies and applications using the visualized patent map.
The system can produce the patent map automatically by combining applicants, inventors, filing date, art classification, art term, scope of patent right, period of patent right, a transfer of rights and the like.
Thus, if the system is used, it is possible to easily understand art tendency, applicant tendency, art distribution, art developing step and the like.
KIPO will introduce the system in the 'SOFT EXPO 2000' held in COEX next month.
On the other hand, KIPO plans to distribute the system to people through KIPO's homepage from January, 2001.

The unification of patent system will be pushed forward between Korea and Japan.

KIPO announced that the commissioner of the Korean Industrial Property Office and the commissioner of the Japanese Patent Office agreed to a unification of the patent system between both countries in the 12th Commissioner of Korean-Japanese Patent Office Conference.
KIPO and JPO judged that they must provide enterprisers and applicants with more convenient and quicker patent service to support economic development, technology transfer, trading, investment, etc.
between both countries.
Both countries plan to push forward direct examination in the other country's patent office, common prior art investigation and holding in common database related to patent information between both countries.
Further, both patent offices will cooperate in the course of discussing a standard related to intellectual property right in the international organizations such as WTO and WIPO, and stand jointly against infringements of intellectual property right in developing countries.
Also, they agreed that JPO could perform an international examination and preliminary examination as for international applications received in KIPO at the time of filing international applications between Korea and Japan.

Ven
 
 
 
 
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