1. Unification of international patent applications through the Internet web method from July

From July 1st, the international patent electronic filing method through the Patent Cooperation Treaty (PCT) will be changed to the Internet web method of filling out and submitting the application form on the World Intellectual Property Organization (WIPO) website (www.pct.wipo.int/ePCT/).

According to the Korean Intellectual Property Office on the 28th, when applying for a PCT international patent electronically, 'PCT-SAFE' or ePCT could be used. In order to improve user convenience and streamline system operation, WIPO will end PCT-SAFE software maintenance and repair from July and unify the electronic application system into ePCT.

To help domestic users quickly adapt to ePCT applications, WIPO selected customer support experts who work 365 days a year and placed them in the Seoul Office of the Korean Intellectual Property Office from January this year.

2. The loser in a patent trial must also bear the cost of finding evidence... Revision of related notice

In a patent trial, if evidence is examined according to the request of the party requesting the trial, expenses can be claimed to the losing party. The Korean Intellectual Property Office announced that the revised 'Notice on Determination of Costs for Trial of Industrial Property Rights' will come into effect from the 1st. The purpose is to activate the investigation of evidence in the patent trial. Until now, even if evidence was investigated, such as checking for forgery or falsification in the trial procedure, and digital forensic appraisal, it was not possible to claim the cost to the losing party. The amendment also made it possible for a party to a trial to claim an agent's fee within the trial request fee before the reduction or exemption if the trial request fee was reduced (exempted). Among the trial costs currently charged to the losing party, the agent's remuneration cannot be claimed more than the trial request fee. Accordingly, there was a problem in that, in the case where the party received a reduction or exemption from the trial request fee, the maximum amount of the request for agent's remuneration was reduced.

3. A known technology can be patented within one year... Rapid increase in applications for 'notice exception claims'

The Korean Intellectual Property Office (KIPO) said that while the notification exception claim system was used in 76,063 patent and utility model applications over the past 20 years (2001~2020), the number of notification exception claims by year increased significantly from 732 in 2101 to 5346 in 2020.

Even if an invention has been announced (published) before filing, certain requirements △ Applicant has made public notice △ Applicant is known against the will of the applicant (period requirement), if an application is filed within 12 months from the publication date, the invention is regarded as unknown and a patent can be obtained. By type of applicant, universities (54.1%), research institutes and public institutions (16.3%), small and medium-sized enterprises (11.0%), domestic individuals (8.6%), large enterprises (4.9%), and medium-sized enterprises (2.8%) claim exceptions to the notice in that order.

Looking at the overseas situation, the same as in Korea, the period of application for notification exception is 12 months, and the notification exception is recognized for all types of notification. On the other hand, the application period for notification exceptions in Europe and China is as short as 6 months, and in the case of disclosure in Europe at international expositions, etc. cases are limited.

4. The fee for requesting a trial against the decision to reject a patent, and only the rejected claims shall be borne.

From now on, when requesting a trial against the decision of rejection dispositioned by the patent examiner, applicants for patent and utility model registration will only have to pay trial fees for the rejected claims.

The Korean Intellectual Property Office announced on the 28th that an amendment to the 'Criteria for Calculation of Fees Related to Requests for Trial on Appeal against Decision of Rejection' will be implemented, which imposes a trial fee for appeal against decision of refusal as much as the number of rejected claims. Until now, fees have been charged for all claims, even if there are grounds for rejection only for some claims.

The amendment will take effect from the 30th day onwards, and the fee for each claim will be charged only for the rejected claims, not the entire claim, reducing the applicant's burden of trial fees.

However, if the rejected claim is not indicated in the rejection decision letter or if a reason for rejection other than the claim is included, the same fee will be charged as before.