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X4. Patent Information

by ip901 2022. 10. 31.
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1. Generation of Patent Information

The specification clearly and concisely describes the claims of the patented invention as a book of rights, and serves to disclose the technology of the invention in detail as a technical document. Korea's application publication system discloses inventions one year and six months after the application of the invention (early publication is possible if the applicant wishes). The creation of this Gazette contributes to the public interest, that is, industrial development by disclosing the contents of a patent. Then, when the applied patent secures the patent right, a patent registration publication is issued. When a patent is rejected, there is no publication and the contents of the application cannot be disclosed.

2. System of Patent Information

Classification by content includes bibliography, abstract, and full text. In the bibliography, basic document information, date and name information, patent classification, etc. generated from the patent system are entered, and technical information is omitted. In the case of an abstract, the contents of the invention are summarized in the bibliography, and thus it facilitates understanding of the invention at a quick look. The full text describes everything from the detailed description of the patented technology to the scope of the patent rights by including all the contents of the document.

Classification by time is divided into two categories: published patent application (early publication possible and registered patent publications. In general, there is a difference in content between the two documents as the registered patent publication contains judges’ evaluation of the patent.

3. Composition of Patent Gazette

1) Bibliography: Includes reference information such as patent number and application number,  date information such as registration date, classification information such as IPC classification, and personal name information of the applicant.

2) Abstract: Indicates the content of the patent is expressed briefly within a limited number of characters, usually written on the first page of the publication, and summarizes the technical field, the problem to be solved by the invention, and the means of solution.

3) Specification: Includes name of the invention, detailed description of the invention, including the scope of claims.

4) Drawings: In order to help the understanding of the invention, drawings are generally included collectively at the back of the specification and are omitted if not necessary.

5) Various symbols used in the publication: Includes INID code (application number, filing date, etc.), country code, publication identification code, etc.

4. US Patent Gazette System

In the US, there are published patent application and registered patent publications in the same way as in Korea. The difference with Korea is that it is divided into three categories: invention patents, design patents, and plant patents. Invention patents and design patents are similar to those in Korea, and plant patents are for new varieties.

5. Japanese Patent Publication System

  Japan has its own classification system. In addition to the patent application and patent registration publications, there are other publications. There is a type of correction publication that lists modifications made to the existing publications. 

6. European Patent Publication System

  The European patent publication system is also not significantly different from that of Korea, the United States, and Japan. However, there is one thing called a search report. A search report indicates the opinion on whether or not to register a patent. 

7. Corresponding patents document

  It is advantageous to prepare a document that identifies how related patents are being applied for in each country. This document is called corresponding patents. Since this document is an important reference data when conducting research projects or making products with patents, there has been a trend in recent years to make it mandatory when submitting research proposals. The necessity of such a corresponding patent search is as follows.

  - Identification of future technology development directions

  - Identification of whether or not a patent can be granted or not

  - Prevention of overlapping investment in the same technology

  - Prevention of patent disputes by understanding the scope of infringement

8. Patent information search

  Patent information search is necessary for an applicant to understand research trends in the patent technology field. In addition, it is also possible to limit the range of technologies that one can invest in by creating a patent map through such research. Patent information research can be seen as a very important step in technology development because it can suggest the direction of new technology in which one's own technology development should be made.

9. Numbering system of patent documents in each country

1) Korea: The first two digits indicate the classification of patents, utility issues, design rights, and trademark rights, the next 4 digits are the year, and the next 7 digits are the serial number.

2) Japan: The number of applications and publications consists of the year and serial number, but the year is written differently from other countries. Since Japan is a country with a king, the name of the king is used to indicate the year of the patent.

3) USA: They use the first two-digit for the year and a serial number follows.

4) Europe: Its numbering system consists of letter “EP” indicating Europe, 2 digits indicating year, and serial number.

5) PCT Application: When filing a PCT application through WIPO, WIPO does not issue registration publications, but discloses application publications to each country. In this case, the year is indicated by a two-letter English code and a two-digit code for each country.

10. Patent prior art search

A patent prior art search is an important criterion for preventing patent disputes and judging the grantability of an applied patent.

In Korea, a free search for all intellectual property rights such as Korean patents, utility models, and designs is available at the KIPRIS, an organization under the Korean Intellectual Property Office. Here, the full text of patent registration includes administrative matters such as rights holders, scope of rights, and whether or not annual fees are paid, and etc.. KIPRIS also provides Japanese and US publications with translation services for access. Gazette is not the only means of information that can be found in KIPRIS. In line with globalization, KIPRIS provides an English abstract for Korean patents, which is called KPA. This English abstract serves to help foreigners as well as Koreans to easily collect information on Korean patents.

KIPRIS also provides a search function for overseas patents, and currently searchable countries include the United States, China, United Kingdom, Germany, France, Japan, and Europe.

Lastly, services such as KIPRIS are also available in other overseas countries, and you can search for patent information in each country at IPDL (English and Japanese service) in Japan, USPTO in the United States, and worldwide.espacenet.com in Europe.

11. Patent classification

Patent classification makes it easy to research prior art to accurately identify the technical field of an applied invention. The better a classified technology is the easier the technology is to be classified as a single technology.  A characteristic of patent classification is that it has a technical dependency relationship, that is, it has a technical hierarchical structure.

The selection methods for patent classification include Catchword index (classifying patents using index words and key words), Manual search (directly searching the patent classification manual, using specific keywords), and Statistical Approach (entering two or three keywords and searching for the most to find frequently occurring patent classifications).

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