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IP Newsletter | Spring/Summer 2019
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PATENT
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KIPO Expands the Scope of "Fourth Industrial Revolution" Technologies Eligible for Expedited Examination
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Last year, we reported that the Korean Intellectual Property Office (KIPO) introduced expedited examination for technologies designated as "Fourth Industrial Revolution" (4IR) technologies, including artificial intelligence, internet of things, 3D printing, autonomous vehicles, cognitive robotics, Big Data, and cloud computing. In a follow-up development this year, KIPO announced the expansion of 4IR technologies to include: (i) smart cities; (ii) virtual and augmented reality; (iii) first-in-class drugs; (iv) new and renewable energy; (v) customized healthcare; (vi) drones; (vii) next generation communications; (viii) intelligent semiconductors; and (ix) advanced materials.
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As we reported last year, since April 2018, patent applications for 4IR-related inventions have been eligible for expedited examination as long as the following conditions are met:
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KIPO assigns to the patent application one of the new patent classification codes related to 4IR;
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the applicant conducts a prior art search and submits the results to KIPO; and
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the applicant files a request for expedited examination, on the basis that the patent application is related to 4IR
technology.
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Even if a patent application does not initially receive a new 4IR patent classification code from KIPO, the applicant may still request expedited examination on the grounds that the application falls within the scope of 4IR technology. However, as KIPO has not yet provided any specific guidelines or criteria for determining whether an invention is related to 4IR technology, for now, the final decision to grant expedited examination is largely at the discretion of the KIPO examiner.
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Expedited examination under this program should reduce the total pendency of examination to about 5.5 months, which is roughly 10 months faster than regular examination. The expanded scope of 4IR technologies will allow several new technology sectors to take advantage of this program, including the pharmaceutical, chemical, and energy industries. Further, since there are no restrictions on the nationality of eligible applicants, expedited examination under this program is equally available to foreign and domestic entities.
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If you have any questions regarding this article, please contact:
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For more information, please visit our website: www.ip.kimchang.com
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