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Asiana IP Newsletter_April/May of 2018

관리자 │ 2018-05-11

HIT

9637

1. Patent examination of 4th generation industrial revolution technologies will end in six months.

The KIPO announced that seven technologies of the 4th generation industrial revolution that will be added as preferential examination items in patent applications are artificial intelligence (AI), the internet of things (IoT), 3D printing, self-driving cars, big data, intelligent robots, and cloud computing, and the amended enforcement order of the patent law will become effective on the 24th day of the month. The average period taken for a preferential examination item until its patent registration will be shortened to six months, which is no more than a third than that of an ordinary examination, such that it is possible to secure fast patent registration for companies, universities, research institutes, etc in the related technical fields. Recently, Japan set up a new examination team dedicated to the internet of things and reset the examination standards for the invention of software related to artificial intelligence. China also reinforced last year the methods of doing business and the patent protection of software inventions for the protection of information and communication technologies.

 

2. KIPO will directly investigate acts of idea and technology usurpation.

The KIPO announced that the amended law relating to unfair competition prevention and trade secrets protection Act including prohibition of idea usurpation in trade dealings will become effective on July 18. The amended unfair competition prevention Act stipulates using without permission and against the provided objective the ideas received in trade dealings such as business proposals, business consultation, bidding, and contests, as types of unfair competition, so as to make it easy for the injured party to take civil actions such as claims for damage or injunction. With the enforcement of this law, investigations will start into idea usurpation cases and corrective actions will be recommended for violations.

 

3. The Ministry of Food and Drug Safety will provide drug patent consulting for small and medium pharmaceutical companies.

The Ministry of Food and Drug Safety announced that a 'confrontational strategic consulting project for drug patents' will be implemented so that small and medium pharmaceutical companies can formulate effective patent strategies to develop market competitive products. The 'confrontational strategic consulting project for drug patents' has been implemented every year since 2016 and so far consulting has been provided for 20 enterprises and 26 products.

The Ministry of Food and Drug Safety will provide support for consulting costs of up to a maximum of 10 million won for a total of 10 tasks this year. Consulting support will be provided for patent strategy formulation necessary for drug development such as patent analysis for discovery of development items and development direction setting, and designing around existing patents.

 

4. Supreme Court rules on determination of inventive step of drug use invention relating to dosage and administration dose.

Supreme Court sentence 2017. 8. 29 judged 2014 Hu 2702 Supreme Court sentence 2015. 5. 21 judged en banc 2014 Hu 768

The Supreme Court decision en banc ruled that the dosage and administration dose in the invention of a product called a drug can be components of an invention that impart new meanings to the product called a drug by expressing not a medical practice itself but the attribute that the product called a drug enhances medicinal formulation efficacy. Later in the Supreme Court sentence 2017. 8. 29 judged 2014 Hu 2702 (hereinafter, referred to as 'target decision') it was ruled that in order for the inventive step of the use invention relating to specific dosage and administration dose not to be denied, the invention should have the acknowledged significant or heterogeneous effects that cannot be expected by persons having ordinary skill in the technical field to which the invention pertains (hereinafter, referred to as 'those skilled in the art') based on the technical level, known techniques, and the like at the time of filing the invention. Thus, the requirements necessary for the inventive step of a drug use invention relating to dosage and administration dose to be acknowledged were presented for the first time.





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