Lee International

Effective as of April 20, 2022, KIPO simplified the procedures for depositing microorganisms which are required to file a patent application for a microorganism-related invention. 

Specifically, KIPO may obtain information on deposited microorganisms in real time with four (4) designated Korean depository institutions.  Thus, when filing a patent application for a microorganism-related invention in Korea, it is no longer required to submit a copy of the certificate issued by the depository institution for deposited microorganisms if an applicant has deposited microorganisms with the designated Korean depository institutions.

KIPO also simplified the procedures for furnishing samples of a deposited microorganism.  

In the past, a third party who wishes to use a microorganism deposited for a patent application for experimental or research purposes, first obtain from KIPO a verification of qualification to receive samples of the microorganism and then request the furnishing of samples by submitting the verification document to the depository institution.  According to the simplified procedures, however, if a request for verification of qualification is filed with KIPO, a verification document issued by KIPO will be automatically forwarded to the concerned depository institution from which the third party requester can immediately receive the requested samples.  

Further, the request for verification of qualification only requires information of the requester to be included, and it is no longer required to submit documents demonstrating the use of samples for experimental or research purposes.

The simplified sample furnishing procedures would be beneficial to a third party requester who would like to use samples of patented microorganisms for experimental or research purposes.  However, we are concerned that the simplified procedures may be inadequate to protect the rights of patentee.