Let's continue the discussion on “Introduction to Intellectual Property and Understanding Intellectual Property”. Among them, today, we will look at “the content of patent rights”.
1. Occurrence and maintenance of patent right
After filing a patent application, if it passes the substantive examination, a patent is granted. When a patent is approved, a patent fee for the first three years is paid, and a patent right is issued. Patent fees must be paid within 3 months from the date of receipt of a certified copy of the registration decision. A patent right lasts from the date of registration until 20 years after the filing date. Divisional and modified applications are also counted on the original filing date. If the patent right could not be implemented for the stability test for patent registration, the duration of the patent can be extended up to 5 years. Also, if the procedure of patent registration delays, the duration of the patent can be extended as much as it was delayed.
2 Extinction
Legally, the extinction of a patent right means that the patent right loses its effect or is considered as something that did not exist from the beginning. A patent right may be extinguished for reasons such as the expiration of the duration of the patent, non-payment of annuity fee, absence of an heir, waiver of patent right, or retroactive due to patent invalidation trial. As an exception, the patent revocation system due to non-implementation was abolished according to the conclusion of the Korea-US FTA.
3. Effect of patent
Patentee or exclusive licensee monopolizes the right to practice the patented invention as a business. If there are other inventions that are in conflict with the use of the invention, the patented invention may be restricted in its implementation. In addition, in the case of inventions used for research/testing, domestic products existed from the time of patent application, drugs and medicines according to the Pharmaceutical Affairs Act, and ships, aircraft, vehicles, etc. that simply pass through the country, the patent right does not have the effect.
4. License System
The license system refers to the right of a person other than the patentee to apply a patent as a business. Since a license is a right subordinate to a patent right, the license expires when the patent right expires. The license is divided into an exclusive license and a non-exclusive license. An exclusive license refers to a material right to exclusively use the patented invention, and the consent of the patentee is not required for the transfer and disposition of the patentee. The non-exclusive license refers to the right to simply practice the patented invention without exclusive exclusivity.
5. Case study
Company A has been granted the right to conduct a patent for cat cloning method from University P. While Company A was running its business, Company A found out that its competitor, Company B, was pursuing a cat cloning business in the same way. In this case, if Company A obtained an exclusive license from University P, it can exercise its patent rights against Company B without the help of University P, such as a request for injunction against patent infringement. However, if company A obtains a non-exclusive license from university P, company A cannot directly exercise the patent right against company B, and has no choice but to ask university P to force the exercise of the patent right.
Today, we learned about “the content of a patent right”. Next, we will discuss “interpreting the scope of rights”.
*I am a student learning IP, not an IP expert. Translation is also by Google translator and my insufficient English skills. I hope it will be helpful for those who do not have the relevant knowledge or who want to learn about IP.
*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”.
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