Hanol IP & Law

The Korean Patent Act has been revised twice in the year 2016 and the revisions are quite substantial. Some of the new revisions will become effective from June 30 2016 and others from March 1 2017. The major revisions include the following:

Recently, the Korean Supreme Court made a key decision regarding how to read the prior art when making an inventive step determination (2013 Hu 2873 and 2880 (consolidated), January 14 2016).

Three years ago, Korea adopted a new patent term adjustment (PTA) system. As many readers know, PTA is a system that allows extension of a patent term to the patent owner to compensate for an unreasonable delay during the prosecution phase.

In 2016, Korea has been substantially re-shaping its IP system. One such change is the Trade Mark Act, which has been comprehensively re-drafted. One of the main changes in trade mark is the non-use cancellation of the registered mark. When a registered trade mark has not been used in Korea for three consecutive years, third parties can seek to cancel it on the grounds of non-use. According to the existing Act, only an interested party can request cancellation of a non-used mark. However, under the new system, legal standing is no longer required; therefore, any person may request cancellation of a non-used registered mark. The new system is expected to accelerate the procedure and give more opportunity to those who actually intend to use the mark by remedying weaknesses in the registration system.

Does exporting parts or components of a patented product for final assembly outside the country infringe the patent? Recently, the Korean Supreme Court answered this question for the first time in Korea in its decision 2014Da42110 (July 23 2015).

Following the Myriad decision in the United States, the High Court of Australia recently denied the patent eligibility of isolated genes of BRCA1 DNA. Along with the Alice decision from the United States, this is truly a new wave. What we patent reflects the most fundamental social decisions in our patent system. It is worth seeing how Korea is riding on this wave and balancing its system.