Amendments to Patent Act and Utility Model Act
On February 9, 2006, proposed amendments to the Korean Patent Act and Utility Model Act were passed in Korean National Assembly. Some amendments are effective as of March 2, 2006 but some amendments will be effective as of October 1, 2006 and the other amendments will be effective as of July 1, 2007. The major amendments are as follows:
1. Amendments effective as of March 2006
1. One month extension of the term for submission of Korean translations of PCT application
Allowed time period for entering a Korean national phase is extended for one month; from 30 months to 31 months form the priority date.
2. Exemption for lost of novelty
Inventions that have lost novelty (excluding the publication of the application in Korea or in foreign countries under the international treaty or the law) by a person who holds the right to obtain a patent right shall be regarded as novel if an application is filed within 6 months of the lost date.
3. Automatic extension of term
When the due date is a Saturday, it shall be automatically extended to the next working day.
4. First to file rule
When a rejection for an application is finalized, the application shall be deemed never to have existed in applying the First to file rule.
2. Amendments effective as of October 1, 2006
1. Non-substantial examination system to substantial examination system for a utility model application
The current non-substantial examination system for a utility model application is reverted to a substantial examination system. Therefore, the technical evaluation system for a utility model application and the dual application system for filing a utility model application based on a pending patent application or vice versa are annulled. The conversion between a patent application and a utility model application is introduced, instead.
2. Enlargement of scope of plant patents
The provision which allows grant of a patent only for a variety of plant which reproduces itself asexually is deleted.
3. Novelty
For inventions that have been publicly known or publicly worked in abroad, prior to the filing date (or the priority date, if claimed) of the patent application, a patent shall not be granted.
4. Unification of opposition and invalidation trial
The opposition system is annulled and incorporated to invalidation trial proceedings. Further, in order to implement examining function of general public, which is presently recognized in the opposition system, not only the interested party but also any person shall be allowed to file for invalidation trial of patent within three months of publication of registration.
5. Protest
A Protest can be submitted even before an application is early published.
3. Amendments effective as of July 1, 2007
Some amendments relating to the abolishment of opposition system
Exemption of submission of Korean translation of priority documents
From January 1, 2006, Korean translations of priority documents may not be submitted. However, if required, the examiner may order to submission of Korean translations.
DATE :
13-05-18
