Let's continue the discussion on “Introduction to Intellectual Property and Understanding Intellectual Property”. Among them, today we will look at “Patent Requirement 2”.
1. Substantial Requirement 2 - Novelty
If the exclusive right is recognized for a not-novel technology, a third party cannot freely use the technology, thereby hindering industrial development. Therefore, the Patent Act stipulates novelty as a patent requirement and grants exclusive rights only to new inventions in return for disclosure.
1) Novelty system: Novelty means that the invention is not disclosed to a third party.
a. Reasons for loss of novelty: Reasons for loss of novelty include inventions known or practiced at home and abroad, inventions described in domestic and foreign publications, and inventions available to the public through domestic and foreign telecommunication lines.
b. Method of judging novelty: The judgment of novelty is based on the time of the patent application, not the date of filing the patent application, and all domestic and foreign applications are the subject of judgement.
c. Application of Exception to Publication (Patent Act Article 30): In principle, when an invention is known, a patent cannot be obtained on the grounds of loss of novelty. However, if certain conditions are met, it is considered that the novelty has not been lost as an exception, and this is called an exception to notice. The requirements for the exception to the public notice include that the applicant must be the inventor or successor of an invention that has lost novelty, must file a patent application within one year from the date of publication, and submit proof documents within 30 days from the date of filing.
d. Notes on overseas application: Notice exceptions are not recognized in all countries, and the method adopted in each country is different. For example, when attempting to file an overseas application by claiming an exception to public notice after publishing an article in Korea, the US application must be filed within one year from the date of publication and within six months with Japan. You cannot get an exception from China or Europe because published articles are not a subject for the exception to public notice.
Today we learned about “Patent Requirement 2”. Next, we will discuss “Patent Requirement 3”.
*I am a student learning IP, not an IP expert. Translation is also a translator and my short 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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