Today, I would like to take a closer look at intellectual property rights, especially “patent application process and specification”.
1. Patent application
In any case, an invention cannot be submitted to the Korean Intellectual Property Office. Instead, a patent is submitted by describing the invention in the form required by the Korean Intellectual Property Office, and if it is passed after examination, a patent right is acquired. The form includes a description of whether or not you will have the right to the invention. In addition, detailed description of the technology is needed to the extent that it can be easily understood and implemented by a third party in the field. Finally, a description will be included as to whether the described invention conforms to the inventive step and novelty as a patent, and whether it can be used in the industry.
2. Points to consider when filing a patent application.
1 Patent is equivalent to 1 invention. A single patent cannot claim multiple inventions. However, there are exceptions, which are called group 1 inventions. This is a system that makes it possible to describe all of the various technologies as a single patent, exceptionally, if the technical characteristics of several inventions are the same or there is a common technical point.
The patent you are applying for will be the first application (first-to-file principle). The Korean Intellectual Property Office recognizes inventions only by those who first applied for a patent as of the date. In other words, even for the same invention, whether or not you can have the exclusive right to the invention is depending on when you report it to the Korean Intellectual Property Office. If multiple patents for the same technology are filed on the same date, the Patent Office recommends an agreement between the applicants, and without an agreement on who owns the patent right, there will be no patent.
The choice between patent application and know-how must be made. Because patent technology will be disclosed to the public one day, the patentee must consider the benefits as a patant and that of a know-how. Here are things to consider for this issue:
- Is it easy or difficult to detect infringement and claim rights when obtaining a patent?
- Is it easy or difficult to keep confidentiality?
- Is it easy or difficult for me to be damaged by overtaking by latecomers when technology is disclosed?
- Is there a need for patent marketing?
To note, in the case of know-how, it is necessary to secure evidence such as research notes on technology development.
The fourth is the time and country of the patent application. Again, a patent application means the disclosure of a technology. Therefore, it is necessary to be aware of the fact that it is a technology disclosure and to carefully consider what the life cycle of an invention is as a technology, how long it takes to obtain a patent, how much it costs to apply for a patent, and how much economic benefit comes from a patent application. Obtaining a patent right is ultimately to make money. Therefore, when considering the country where the patent application is filed, it is right to apply for a patent in the order of earning more money, and with regard of this issue, one should evaluate the potential growth of the market, the existence of competing manufacturers, and the effectiveness of protection of rights in the countries of interest.
Today, we learned about intellectual property rights, especially “patent application process and specification”. Next time, we will have time to discuss the same topic in a little more detail.
*I am a student learning IP, not an IP expert. Translation is by Google and my insufficient English skillsI hope it will be helpful for those who do not have the relevant knowledge or who want to learn about IP.
*The above is my learning from lectures by Prof. Moon available at K-Mooc. Link to the course is as below: kmooc.kr/courses/course-v1:YeungnamUnivK+YU21900+2021_01/course
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*The above is what I learned from a book compiled by the Korean Intellectual Property Office and Korea Invention Promotion Association (published by Pakmungak) entitled “Introduction to Intellectual Property, Understanding Intellectual Property”
*The above is what I learned from a book by author Ocica O'Kim (Korean, Chinese, Japanese, and English Chinese Character Center) called Core Cases of Intellectual Property Rights.
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