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IP Newsletter | Winter 2018/19
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PATENT
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KIPO and CNIPA Launch Collaborative Search Pilot Program (CSP)
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A collaborative search pilot program ("CSP") between the Korean Intellectual Property Office (KIPO) and the China National Intellectual Property Administration (CNIPA) was launched on January 1, 2019, which is scheduled to continue for a trial period of two years.
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Use of the CSP may be requested by an applicant that files patent applications for the same invention in both countries, and if the request is granted, KIPO and CNIPA will share prior art search information and examine the application before other applications. Korea has already implemented a CSP with the United States Patent & Trademark Office (USPTO), and has now become the first country to implement a CSP with China.
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In order to request use of the CSP, the Korean and Chinese applications must meet the following requirements:
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The earliest priority date of both applications must be the same |
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The request for examination must be filed before or at the same time as the request for CSP |
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The request for CSP must be filed before examination of the applications begins |
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The request for CSP must be based on a single application in each country (i.e., a request based on multiple Korean or multiple Chinese applications is not allowed) |
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All claims between both applications must be identical |
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The applicants at KIPO and the CNIPA must be identical |
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The applications must be filed under the Paris Convention (PCT applications are excluded). |
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KIPO has provided a chart illustrating the overall CSP process between KIPO and CNIPA:
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Source: http://www.kipo.go.kr/csp/en/sub/request.html#point2
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During the 2-year trial period, the pilot program can limit the total number of applications to 400 (200 in Korea and 200 in China). For more information, please refer to the CSP website (http://www.kipo.go.kr/csp/en/index.html), which provides more background information and statistics.
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KIPO has noted that the results of the current CSP between Korea and the U.S. have been consistent in the two offices, and that they expect similarly consistent results from the CSP between Korea and China. When using the CSP, both patent offices can share prior art search information, and the applicant may obtain the benefits of faster initial examination (six to seven months until the first Office Action) and reduced costs (expedited examination can be obtained without needing to file a request for preferential examination, which costs about USD 180 in Korea).
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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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