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Newsletter/ June 31, 2002 No. 88
It is possible to know PCT international application can be granted as a patent or not, earlier than now.In the future, it will be possible to know whether the PCT international application can be granted as a patent or not, earlier than now. According to the KIPO, the WIPO has been discussing taking various kinds of specific measures to simplify the complicated PCT systems. In particular, according to the PCT international application regulations, the WIPO needs to improve the present international search system. If they inform the applicants only of the search results of the preceding technologies within 16 months from the priority date and, within this period, the necessary conditions of an invention is judged, the applicants will be able to know whether the application can be granted or not through the international search performed by the applicants. As a result of the international search, if the application is judged to have patentability, the applicants can receive the result earlier than other countries in which the applicants want to obtain the patentability, and the applicants have a better position in relation to negotiations over transferring the inventions. On the other hand, if as a result of the international search the application is judged not to have patentability, the applicants can prevent the disadvantages incurred by publication of the applications by withdrawing the international application before the search results are is published. This measure will be submitted to the plenary session of PCT association which will be opened on September of this year.
The translation documents of international applications will be accepted even after the submission period expires.It seems possible for the translation documents of international applications to be accepted even after the submission period expires. On the 24th, the KIPO made a decision to revise the present PCT system to harmonize it with international patent law treaty(PLI) agreed by WIPO, June of last year. It was announced they are now discussing the measures in detail for realizing above-mentioned job. If PCT is revised this time, except in the case of submitting the translation documents late intentionally, when the translation documents are submitted within 12 months even after the period of submitting the translation documents has expired, the documents are to be accepted.
Disputes on patents of MP3P are expected to be settledof the MP3 player industry are now showing signs of being settled. It was known in this industry that the patent right owner, MPMan.com and the Korean Portable Audio Association reached an agreement on the 16th day of this month to settle the disputes in the proceedings of the patent invalidation trial, and they are now in negotiations over the patent royalty fee. "Both sides came to an agreement to settle the patent disputes as soon as possible, and are now trying to make a compromise on the patent royalty fee and the way of payment," said KAPAC. "Problems on the patent right, such as the royalty fee, were almost solved and its conclusion is expected to be made next week if possible," said the president of Hyunwon, who are preparing a suit of provisional disposition with MPMan.com. MPMan.com said that although they could not confirm details on the patent due to the president's business trip abroad, actually they had frequent contacts with KAPAC these days, and also hoped to see the matter solved immediately. It is known that both sides decided to admit the patent right of MPMan.com and KAPAC's demand on the p |
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