|
|
|
|
|
Newsletter | May 2014, Issue 2 |
|
|
|
|
|
|
INTELLECTUAL PROPERTY |
|
|
|
Proposed Revisions to Korean Patent Act to Implement Patent Law Treaty |
|
|
|
The Patent Law Treaty (“PLT”) is a multinational agreement that seeks to harmonize the patent system in its member countries. The Korean government submitted a proposed amendment to the Korean Patent Act (“Proposed Amendment”) before the National Assembly on September 5, 2013 in order to implement the PLT, and the National Assembly has recently passed the Proposed Amendment Bill on April 29, 2014, which should be published shortly. |
|
|
|
One of the key changes in the Proposed Amendment is the lowered standard for determining the filing date of a patent application (Articles 42-2 and 42-3 of the Proposed Amendment). The current Patent Act (“Act”) adopts a first-to-file system, and thus priority is given to applicants who file their application first. However, the application filing date is recognized only if the elements required by the Act are satisfied, which includes that a patent specification in the Korean language be filed together with the application. The translation of the foreign language specification into Korean results in a delay of the application, and thus the Proposed Amendment has eased the language and formalities requirement of the specification to resolve this problem. More specifically, the Proposed Amendment will acknowledge the filing date of an application as long as the description of the invention is in writing, irrespective of the formalities, and even if the specification is in a foreign language (only English is acceptable thus far). This change will allow applicants to secure an earlier filing date even if they simply attach a foreign language research paper to the application without a further translation or formal specification. |
|
|
|
In addition, the Proposed Amendment will implement a correction system for Korean translations of foreign language patent applications and international applications, but within the scope of the original foreign language version (Articles 42-3(6) and 201(6)). Also, in association with this correction system for translations, the Proposed Amendment will expand the scope for modifying patent specifications to include the original foreign language version as well (Article 47(2) and 208(4)). For the Korean national phase entry of an international patent application, the current Act requires that the Korean translation be submitted within 31 months of the priority date. The Proposed Amendment extends this deadline by allowing the applicant to request a one month extension for submitting the Korean translation when it expresses its intent to enter the Korean national phase (Article 201(1)). |
|
|
|
The most of amended articles in the Proposed Amendment which includes several important changes to procedural aspects, such as the standard for recognizing an application filing date, will go into effect on January 1, 2015. |
|
|
|
Back to Main Page |
|
|
|
|
|
If you have any questions regarding this article, please contact below: |
|
|
|
|
|
|
|
For more information, please visit our website: |
|
|
|
|
|
|
|