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Newsletter 2020-Spring

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Over 500,000 Korean IP Filings in 2019

The Korean Intellectual Property Office (KIPO) announced that the number of Korean intellectual property (IP) applications filed in 2019 has reached over 500,000 for the first time.  This record is achieved in 73 years since the first Korean patent application was filed in 1946.  Korea has now become the fourth nation to achieve such feat, following Japan, U.S.A. and China.The total I...

Patent

Supreme Court held that Final and Conclusive Decision of Correction Trial cannot Serve as a Ground for Retrial

The Supreme Court held that even if the patentee filed a request for correction trial and received a final and conclusive decision after the hearing in the fact-finding proceedings of the appeal against the Intellectual Property Trial and Appeal Board (IPTAB) decision invalidating the patent, the decision in the correction trial cannot serve as a ground for a retrial of the original decision ba...

Patent Term Adjustment due to the Delay in the Registration of Patent

Recently, Lee International has handled a case of extending a patent term by about one year under the Patent Term Adjustment (PTA) system which was introduced in 2012. The PTA is process that awards a patent term extension of a patent based on delays in prosecution at the Korean Intellectual Property Office (KIPO) if the patent was granted more than four years after the filing date or thre...

Online Transmission of Software Constitutes an Act of Patent Infringement

According to the revised Patent Act (effective as of March 11, 2020), an act of online transmission of software that illegally utilizes a patented invention may constitute a patent infringement.Under the pre-revised Patent Act, a software invention comprising a patented technology is entitled to patent protection if it claims software in a form that is stored in a recording medium, such as USB ...

Changing Closest Prior Art Constitutes a New Ground for Rejection

The Supreme Court rendered a decision ruling that denying the inventive step of an invention by relying on new closest prior art that is different from the closest prior art cited in a previous office action would constitute a new ground for rejection (Supreme Court Case No. 2015 Hu 2341 issued on October 31, 2019). The Patent Act prescribes that when the Intellectual Property Trial and Ap...

Surge in Holographic Display-related Patent Filings

With the commercialization of 5G, image data transmission in mass volume has now become available.  Consequently, holography, which provides realistic images, is garnering attention.  In particular, as floating holographic technology is becoming more popular, the number of patent applications relating to floating holographic technology is also on the rise.According to statistics provi...

Trademark

Current Status of Examination Period for Trademarks and Designs

The Korean Intellectual Property Office (KIPO) announced the following statistical data on the current status of examination period for trademark and design applications over the last five (5) years, along with the expected examination period in 2020.In case of a trademark application under the Madrid protocol or a design application under the Hague system, once an international application is ...

Amended KIPO Examination Guidelines for Secondary Meaning of Trademark

The criteria for evaluating a “period of trademark use” and a “consumer awareness survey,” both of which are used when determining secondary meaning, has been incorporated into the KIPO trademark examination guidelines, effective as of January 1, 2020.  Period of trademark use: The use of trademark in a non-competitive and continuous manner for more than five years will be consid...

Patent Court acknowledged Documents showing Business Transactions as Evidence of Actual Use of Registered Mark

The Patent Court determined documents showing business transactions as evidence of actual use of a registered mark as the data in the documents is consistently described and that the goods shown in the documents pertain to the goods associated with the registered mark although the documents were personally prepared by the parties in the transactions (Patent Court Case No. 2019 Heo 3274). U...

Lee news

Starting the New Year with the New Slogan: “20% Growth with our 20s' Passion”

Lee International IP & Law Group had a kick-off meeting for the new year on January 2, 2020 in front of Palgakjeong (octagonal pavilion) on the top of the Namsan Mountain (its height: 262m).It was a freezing-cold morning at -5℃, but all the employees' faces glowed with the delight of starting the new year in a hopeful and enthusiastic mood.The new slogan “20% Growth with Passion in our 20s,...

Lee International ranked Band 1 for “Intellectual Property” in both “2020 Chambers & Partners – Global” and “2020 Chambers & Partners – Asia Pacific”

Lee International was ranked Band 1 as Recognized Practitioner in Patent & Trademark Agents in South Korean for Intellectual Property in “2020 Chambers & Partners – Global.” Lee International was also ranked Band 1 as Recognized Practitioner in Patent Specialists in South Korea for Intellectual Property in “2020 Chambers & Partners – Asia Pacific.” “Chamber & Partners”...

Trainee Patent Attorneys from Lee International Dominated 1st to 3rd place in the KIPO Training Program

To become a patent attorney in Korea, one must pass the “Patent Attorney Qualification Examination,” which is a national exam.  The “Patent Attorney Qualification Examination,” which is offered once a year, is an examination that requires one of the highest levels of academic competency in Korea, such as the “Judicial Examination” for judges, prosecutors, and lawyers, and the “Public Admin...