1.
Customized Package Examination of Patent, Trademark and Design to help
reinforce business competitiveness
The
KIPO’s package examination system, whereby applications for patent, trademark
and design are examined all at once at the time desired by the applicant, is
receiving a positive response from big business. Since it is possible to secure
the patent, design, etc. of a product that has convergence technology applied
in a package according to a specific business strategy, it is effective for a
business to respond proactively to the intellectual property rights of its
competitor.
Five
cases of intellectual property rights are being examined through the package
examination system for LG Chemicals, LG Electronics, SK Innovation and other
individual applicants.
2.
Korea records third in the world for five years in PCT International Search
The
KIPO announced on the 30th that the KIPO (30,461 cases) ranked third
following the European Patent Office (77,395 cases) and the Japan Patent Office
(42,433 cases) according to the recently published PCT Annual Review of the
WIPO. In the International Search Report published by Korea last year, 18,103
cases, which is 60% of the International Search Report, are ones for which foreign
companies chose to apply for a patent with the KIPO, highlighting foreign
companies preferences for the KIPO. The KIPO earned 21
million dollars in 2013 through the PCT International Search.
3.
Japan Cannon wins in a photosensitive drum suit against a Korean company
The
Supreme Court Section 1 (Chief judge: Justice Yang Chang-su) confirmed the
original verdict, in which the court decided partially in favor of the
plaintiff, in a damage claim suit raised by Japan Cannon against AlphaChem, a
Korean photosensitive drum manufacturing company. The Supreme Court ruled “AlphaChem
shall pay Cannon over 1.564 billion won for damages,” saying “AlphaChem is
deemed to have infringed the patent right of Cannon.”
Cannon
had raised a patent right lawsuit against AlphaChem, saying the latter pirated
the manufacturing method of a triangle-shaped gear device used for loading a
‘photosensitive drum’, which is one of laser printer toner core parts.
4. Ruling on drug use invention, pharmacological
mechanism is no more than a property of a substance and is not a component
defining the claim
The
Supreme Court (decided on May 16, 2014, 2012Hoo3664 rejection decision (patent))
ruled that since a pharmacological mechanism is no more than an instrument for
deriving a combination of a specific substance and drug use, the
pharmacological mechanism described in the claim of a drug use invention has
significance as a component of the invention only within the limit of specifying
the drug use that a specific substance has, and the pharmacological mechanism
itself cannot be deemed to be a component defining the claim.