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- SOUTH AFRICA
COUNTRY : REPUBLIC OF KOREA
CAPITAL : SEOUL
LANGUAGE : KOREAN & ENGLISH
The Intellectual Property office of South Korea is known as the Korea Intellectual Propert Rights Information Service KIPRIS.
INTERNATIONAL TREATIES TO WHICH KOREA IS SIGNATORY
International Treaties to which Australia is a signatory:
- Paris Convention for the protection of industrial property
- Patent Co-operation Treaty – PCT.
- Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
- Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
- Strasbourg Agreement Concerning the International Patent Classification
PATENT LEGISLATION IN KOREA:
The Korean legal system is based on the Civil Law system.
Patents in Korea are governed by:
The Patents (Amendment Act) 2009. Patents are granted by the Korean Intellectual Property Office – (KIPO).
BASICS REGARDING PATENTABILITY OF INVENTIONS IN KOREA:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i).Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered ‘obvious’ when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture’
INVENTIONS NOT PATENTABLE IN KOREA:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Substances already existing in nature and nuclear materials.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment by surgery or therapy on humans and animals.
- Prejudicial to the Interest or Security of the Nation.
- Animal & Plant Varieties
PartityPatents Law Firms through its associates in Korea is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN KOREA:
- Name & Address of the applicant.
- Name & Address of the Inventor.
- Specification comprising a description claims & drawings if any.
- Priority Data if any.
- State of incorporation / nationality of the Applicant.
- Abstract of the Invention.
- Simple PoA without legalisation
- Indications serving to identify the identity of the inventor(s) as well as the Solicitor.
- Request for examination of the patent.
- If the patent application relates to a micro-organism or a process in which a micro-organism is used, it is necessary to include a certificate of deposit of the micro-organism with an officially recognized national depositary institution designated by the Government.
EXAMINATION OF THE PATENT APPLICATION IN KOREA:
- Once the patent application is filed, the application is scrutinized for defence & security aspects.
- Upon receipt, the patent application is checked to ensure formalities compliances.
- Applicant to amend, rectify, comply with directions if any by the authorities within stipulated period of time, else, application is deemed nullified.
- Patent application to be taken up for substantive examination post request by applicant.
- Patent applications not yet published are automatically laid open in the gazette for public inspection.
- Upon examination being complete, a preliminary rejection notice is issued to the applicant based on objections if any found.
- Upon no grounds for rejection found, patent rights rare granted and invention registered.
RIGHTS OF THE PATENTEE IN KOREA:
Patents with a term of 20 yrs.
Utility Models with a term of 10 yrs.
- Patents confer on holders and successors exclusive rights to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties so as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
Computer software may be patented if the invention is a combination of hardware and software.
COMPULSORY LICENCES OF PATENTS IN KOREA:
Computer software may be patented if the invention is a combination of hardware and software. An application may be made for the grant of a license after 3 yrs. from the date of the grant of patent.
(i). where the patented invention has not continuously been worked commercially or industrially in the Republic of Korea on a substantial scale during a period of three years or more without justifiable reasons, or where the domestic demand for the patented invention has not been satisfied to an appropriate extent and under reasonable conditions;
(ii) where working the patented invention non-commercially is necessary for the interests of the public;
(iii) where working the patented invention is necessary to remedy a practice determined to be unfair by the judicial or administrative process;
(iv) where working the patented invention is necessary for the export of medicine to a country (referred to as “an importing country” in this article) that intends to import the medicine (including effective ingredients that are necessary for the production of the medicine and diagnostic kits necessary for the use of the medicine) in order to treat diseases that threaten the health of the majority of its citizens.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Korea, can assist you comprehensively with Compulsory Licence matters.