1. Design patent applications to be done in one step

In applying for a patent of a design to be used for various application products, all you have to do now is just fill out a one sheet application form, and its international application will also be processed in one step by way of the KIPO. The “one design one application” principle in our patent law means that if the creator creates one design and applies it to many articles, different applications are to be made for each article. This principle is to be improved so that from now on the creator may list in the application form various application products intended when he created the design. Thus, the creator will have the burden of additional application and document preparation lessened in the process of developing application products. For example, in the case of mobile phones, one design can be applied to various articles such as an MP3 player, navigation and multimedia, and these may be listed in one application form, so it is expected that the protection of rights will be reinforced and the effect of application cost saving will be great.

2. Fair Trade Commission completed investigation on multinational drug manufacturers’ abuse of patent rights and price-fixing; soon to impose sanctions

It was confirmed that the Fair Trade Commission has investigated the abuse of patent rights and price-fixing by multinational and domestic drug manufacturers producing specialty drugs and is deciding to impose final sanctions on companies that violated the law. It has become known that they made secret payments or monopolized the copyrights of other new drugs to prevent sales and market share from falling due to competition with generic drugs along with the decrease in the drug prices of the existing new drugs when the sale of generic drugs is made on completion of the new drug patent period. Meanwhile, in connection with this case, the Fair Trade Commission conducted a written fact finding survey of pharmaceutical intellectual property rights last June and July on 30 multinational drug manufacturers and 18 domestic drug manufacturers about ▲contracts made between drug manufacturers relating to intellectual property rights, ▲disputes over intellectual property rights between drug manufacturers and ▲the trend of strategic patent applications and the market status of domestic specialty drugs.

3. Osram files additional patent infringement suits against Samsung and LG

Osram Korea announced that Osram and Osram Opto Semiconductor filed LED patent infringement suits with the Seoul Central District Court against Samsung LED and LG Innotek. Osram contended that the two companies infringed ‘patents relating to white coloring and surface mounting LEDs’ and demanded to prohibit the use of unlicensed products. Also, Osram added that it filed invalidation suits with the Korean Intellectual Property Tribunal for the patents of Samsung LED and LG Innotek. It is expected that patent lawsuits between Osram and domestic companies would further proliferate with these lawsuits filed by Osram. Patent disputes between Osram and Samsung/LG started last June. As Osram raised patent infringement suits against Samsung and LG in the U. S. and Germany, Samsung and LG raised countersuits of patent infringement and invalidation, making legal battles fiercer between them.

4. Samsung Electronics and LG Electronics secures a stake of Intellectual Discovery, a government-led patent company

It was confirmed that the ownership and control of Intellectual Discovery, a company made by our government to cope with patent offensives by foreign companies, were taken over by large companies centered on Samsung Electronics. Intellectual Discovery is a company specializing in patents which was made last July by the Ministry of Knowledge and Economy for joint response to patent offensives of foreign companies by securing intellectual property rights of patents and design that are scattered around research institutes, universities and businesses in this country.

Samsung Electronics took the position of the largest shareholder by investing a total of 10 billion won last June. And Posco (shareholding 14.7%), Hynix (11.4%) and KT (4.3%) participated in the investment around the same time. LG Electronics became the second largest shareholder by securing 20% of shareholding last July.

5. Patent Court [2011. 7. 8 sentence 2010Hur judgment] refusal decision (Pat.)

1.   Ruling: Whether it is necessary to determine critical significance for numerical limitations of an application invention in judging whether there is unobviousness or not if the object of numerical limitation is not disclosed in the preceding invention.

2.   Summary of judgment: The unobviousness can be denied if the individual effect by numerical limitation is heterogeneous or it is not possible to recognize the critical significance by considering the extent that the ‘numerical item’ or ‘numerical range’ of the numerical limitation is disclosed in the invention in public domain, and the reason, purpose, effects, etc. for individual adoption of the numerical limitation even if the object of numerical limitation is not clearly stated in the invention in public domain.

3.   Referred provisions of law: Patent Law Article 29, Paragraph 2-4, referred judicial precedent: Supreme Court 2000. 11.10. sentence 2000Hu1283 judgment

6. U. S. patent examination period to be shortened

The U. S. Patent and Trademark Office has currently 1,200,000 patent applications pending, so it takes three years on average to obtain the patent right after patent application and examination, but it is expected that the time taken from patent application to registration will be shortened. Also, the ‘first-to-invent-system’ of the patent system that has been adhered to for more than 220 years was abolished and the ‘first-to-file-system’ was adopted. For the first time in about 60 years since 1952, the U. S. Congress recently significantly amended the patent law. It was passed in the Senate and was signed on September 16 by President Barack Obama to take effect. The amendment of the patent law was made for the purpose of revitalizing the economy by shortening the patent examination period so that new inventions can be put on the market in a shorter time. Another purpose is to save on excessive expenses due to patent lawsuits.