IP Newsletter | Spring/Summer 2019
Design Protection Act Amendment Will Allow Correction of Inventor Information After Notice of Allowance
The Korean Intellectual Property Office recently announced proposed changes to the Enforcement Regulation of Korean Design Protection Act ("Design Protection Act"), which are likely to go into effect in October 2019.
One of the proposed changes will enable design patent applicants/registrants to correct inventor information after receipt of the Notice of Allowance (Patent Act was also recently amended to enable corrections to inventor information post Notice of Allowance). Currently, once the Notice of Allowance is issued, it is not possible to amend the application in any way (unless there was an obvious error or omission in the application), including inventor information. This means that inventorship cannot be corrected once the Notice of Allowance is issued.
This is usually not a big problem in Korea since incorrect or incomplete inventorship has no effect on enforcement and/or validity of a Korean design registration. However, some design applicants/registrants wanted to correct some inventor information, including inventorship to maintain consistency with other jurisdictions and prevent unnecessary questions or issues. Now design applicants/registrants will have this opportunity.
In order to correct inventor information, applicants/registrants will need to submit a declaration signed by (i) the applicant(s); (ii) all individuals who were previously submitted as inventors; and (iii) all individuals who will be added as inventors.
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Sung-Nam KIM
John J. KIM
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