1. "Korea's cutting-edge technology leaked 83 cases over the past 5 years… 40% are national core technologies"

According to the National Intelligence Service, from 2018 to July 2022, a total of 83 high-tech leaks were detected by the National Intelligence Service. Among them, 33 cases (39.8%) were leaks of national core technology that had a significant impact on national security and the national economy. By damage group, SMEs accounted for the most with 44 cases (53.0%), followed by large enterprises (31 cases) and universities and research institutes (8 cases). In addition, 69 cases (83.1%) were concentrated in Korea's main industries, such as semiconductors, electric and electronic, displays, automobiles, shipbuilding, and information and communications.

The NIS mentioned that Korean companies, research institutes, and universities are divided into six types of methods by which companies from competing countries steal technology. These are △purchase of key personnel △use of mergers and acquisitions △use of partner companies △collection of technical information through research companies on behalf of △technology leakage under the guise of joint research △requirement of data submission conditional on licenses and permits. The NIS explained that it is supporting the strict judicial process of investigative agencies such as the Public Prosecutor's Office and the Police through prompt investigations when receiving information on technology leaks.

2. 'Artificial intelligence (AI) cannot be an inventor'... Korean Intellectual Property Office

The Korean Intellectual Property Office announced on October 3rd that it had invalidated the patent application claiming to have been invented by artificial intelligence (AI), stating that 'applications for patents made by artificial intelligence (AI) as inventors other than natural persons are not permitted'.

This disposition is an international patent application in which American artificial intelligence developer Steven Taylor has identified an artificial intelligence named 'DABUS' as the inventor. The disposition of invalidation of the application is deemed to have not existed from the beginning.

The applicant has filed applications in 16 countries, including Korea, claiming that he has no knowledge related to this invention. Daboos, an artificial intelligence developed by himself, claimed that he created two different inventions, such as food containers, by learning general knowledge, and applied for 16 countries, including Korea. The entry into the domestic application is May 17, 2021.

Korean patent laws and precedents recognize only natural persons as inventors, and this principle is stipulated in the patent laws of all countries including the United States, United Kingdom, and Germany.

3. Notice of reorganization of 'patent duration extension system'... pharmaceutical industry perspective

The Korean Intellectual Property Office inquired about the opinions of the pharmaceutical and biotech industry with the reorganization of the patent right extension system in mind. The biopharmaceutical industry is paying close attention to the direction of institutional reform, as large profits and losses between original companies and generic companies intersect depending on whether or not the patent rights are extended.

It is known that the direction of the reorganization is to narrow the scope of extension of the patent duration of the original company.

This system has been maintained virtually unchanged since the enactment of the 'Regulations on the Operation of the Patent Term Extension System' in 1995.

In general, multinational pharmaceutical companies with a large number of original products are conservative in regards to institutional changes, and domestic pharmaceutical companies, which are mainly in the position of challengers as generic companies, are said to be actively demanding institutional change.

Compared to other countries, the Korean Intellectual Property Office judges that the scope of extension of the patent duration allowed by law is wider in the Korean system. It is said that there is a discussion about restricting the extension of the patent duration to a maximum of five years by improving it in a similar way to that of the United States and Europe.

4. Free transfer of patented technologies such as medical, bio, and telecommunication to the private sector

The government decided to distribute 55,000 unused patents and utility models owned by public institutions to the private sector for free.

First of all, 11,000 cases will be provided by next year, focusing on medical, bio, and telecommunication. When the technology transfer is completed, it is estimated that there will be an economic ripple effect of 1 billion US dollor.

If the technology owned by a public institution is transferred for a fee, a plan to partially subsidize the cost is also being considered.

In this case, research and development (R&D) funds and consulting necessary for subsequent commercialization will also be supported. If the commercialization is successful, the public institution to which the patent has been transferred will be given a preference to purchase the product first.

In addition, it was decided to reduce the burden on private companies by changing the method of trading patents and utility models in public institutions to a method of paying a technology fee when sales occur (current technology fee).

For institutions that open excellent facilities, incentives will be strengthened, and the effectiveness of the system will be secured by linking it with integrated disclosure and management evaluation. A 'one-stop integrated reservation system' will also be built on AlioPlus by the end of the year, and the reservation application (app) will be developed by the beginning of next year.