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Newsletter/ August 31, 2001 No. 79

The large change of patent & utility model system from July 1, 2001

KIPO enforced revised patent and utility model system from July 1, 2001.
According to the revised patent and utility model law, a procedure regarding patent and utility model is simplified and protection for the patentee is strengthened.
Also, the amendment of application and trial system have been changed largely in correspondence with an international trend.
For this, KIPO published the revised patent and utility model law on the 3rd of February, and has pushed forward a revision of subordinate ordinances.

The variety of security and authentication technologies related to electronic commercial transaction

Among applications related to electronic commercial transactions, applications about security and authentication technology are increasing rapidly, and the field thereof also becomes diverse.
This recent application tendency results from increased interest in a security problem due to an activity of industry related to electronic commercial transactions and the internet.
Considering a tendency of application related to security and authentication technology, the number of applications was small, that is 9 cases in 1996; 18 cases in 1997; 18 cases in 1998.
But, it increased rapidly to 47 cases in 1999 and 134 cases in 2000.
With respect to the field of applications related to security and authentication technology, security and authentication technology such as the management of passwords in financial transactions, contrast of one's registered seal, management of credit card and IC card, ATM management, encoding, and discrimination of fingerprint formed a mainstream by 1998.
However, after 1999, applications having a high level of technology such as digital signature, electronic payment, electronic money, management of copyright and contents, insurance authentication and Mobile electronic commercial transaction have increased with the spread of electronic commercial transaction.

It becomes possible to employ patent right after 5 months from filing date.

The period until a patent is registered is shortened largely so that it is possible for applicants to obtain their patent right after 5 months from the patent application date via a prior examination procedure which is admitted for industrial policy and right protection.
Until now, the granting or rejection of patent can't be decided within one year and 3 months even if a prior examination process is applied.
But, KIPO abolished this provision in the revised patent law.
According to this, if applicants request a prior examination for their patent applications filed after the 1st of July, examiners have to determine whether the patent appliocations will be examined prior to others or not within 15 days, and start an examination within 2 months.
Also, examiners must decide on a grant of patent if they can't find the reasons for rejection, and then applicants can employ their patent rights after a registration procedure.

The crackdown on forgery of Worldcup trademark from September

A criminal department of the Supreme Public Prosecutors Office announced that they would control an infringement of intellectual property right in relation to 2002 Worldcup.
First, they plan to have a guidance period in place by the end of August, and control the infringement during 3 months from September 1 to November 30 and additionally from January 1 to June 30 of next year.

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