Problems relating to Trade and Investment on Korea
17. Implementation of intellectual property rights ("IPRs") |
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Issue |
Issue details |
Requests |
Reference |
| (1) Difficulty in Patent Division after Patent Examination is Over | - The existing ROK Patent Act forecloses patent division upon reaching the stage of decision for or against patentability. It deprives the applicant's ability to acquire the patent right that satisfies the applicant's intended claims. | - It is requested that KIPO deregulates the timing of Patent Division that allows application upon reaching the stage of decision for or against patentability. | - Patent Act, etc. - Patent Act Article 52 (Division of Patent Application) |
| (Improvement) - The revised patent act, enforced on 29 July 2015, has expanded the period for the Divisional Patent Application (DPA). Including the period for correcting specifications and drawings, it has become possible to file DPA prior to 3-months, (where establishment of registration takes place prior to 3-months, prior to establishment of registration) from the date of service of a transcript of an examiner's patent decision or decision of patent refusal (Patent Act, Article 52-1-3). |
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| (2) Absence of Subjective Requirement on Indirect Infringement of Patent Right | - Existing Patent Act of ROK does not provide for the subjective requirement (whereby a person knowingly, as his/her business, manufactures or transfers, or imports or transfers goods, which are patented invention or which are used for execution of patent(s). | - It is requested that GOK adds the subjective requirement in regard to indirect infringement. | - Patent Act, etc. - Patent Act, Article 127 (Deemed Infringement Conducts) |
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