新闻和信息

  News & Infomation

简报

logo
 
뉴스레터

October 2009

 

Super-Highway Patent Examination within one month implemented starting October 1, 2009.


The Korean Intellectual Property Office (KIPO) has adopted super-high speed patent examination system under which a first office action issues within one month from the request for the super-highway examination. The system has been effective as from October 1, 2009.

The purpose of the system is to support low carbon green growth. Green technology needs expedited realization of patent rights to occupy the market first and make possible expedient industrialization. The ultimate goal of super-highway patent examination is securing of the world's patent rights and occupying the world's green market. Thus, the KIPO's patent examination capacity will mainly focus on securing early patent rights on green technology.

To enjoy super-highway patent examination, a patent application must satisfy the following three conditions.

(1) First, the invention for a patent application should fall within one of the technologies provided under Art. 4, Par. 2, Subpar. of the Preferred Patent Examination Guideline. For example, environment or water contamination prevention facility is one of the technologies provided, and they are set forth in detail in Attachment 1 below.
(2) Second, the patent applicant has to request a prior art search to the patent search organization approved by the KIPO according to Patent law Art. 58, Para. 1. The organization sends prior art search report to the KIPO. The organization includes Korea Intellectual Property Rights Information Service (KIPRIS), WIPS, and IP Solution.
(3) Last, the applicant has to file a super-highway examination request to the KIPO using electronic application.

A first office action will issue within 1 month from the super-highway patent examination request date while a normal preferred examination and ordinary patent examination will take 3 and 18 months, respectively.

[Attachment 1] Green Technology Super-Highway Patent Examination

One of the following applications is applicable for Super-Highway Patent Examination according to Guideline Art. 4, Par. 2, Subpar.

(1) Noise/Vibration Regulation Law : patent application relating to noise and vibration preventive facilities, sound proof and dust proof, or a method of a facility with such as purpose according to Article 2 and enforcement article 3 of said law
(2) Water Quality and Aquatic Ecosystem Reservation Law : patent application relating to water quality contamination prevention facility or a method of a facility with such as purpose according to Article 2 and enforcement article 7 of said law
(3) Air Environment Preservation Law : patent application relating to air pollution prevention facility or a method of a facility with such as purpose according to Article 2 and enforcement article 6 of said law
(4) Waste Management Law : patent application relating to waste disposal facility or a method of a facility with such as purpose according to Article 2 and enforcement article 5 of said law
(5) Livestock Excretions Management and Use Law : patent application relating to resource facility, purification facility, public disposal facility or a method of a facility with such as purpose according to Article 2 and enforcement article 3 of said law
(6) Economizing Natural Resources and Recycle Promoting Law : patent application relating to recycle facility or a method of a facility with such as purpose according to Article 2 and enforcement article 3 of said law
(7) Sewage Law : patent application relating to public sewage disposal facility, excretion disposal facility, gray water, individual sewage disposal facility or a method of a facility with such as purpose according to Article 2
(8) Patent application, as one of the following technologies*, that received financial support or certification from the government (In this case, annexed evidentiary document must be submitted).
(a) New renewable energy technology
(b) Carbon reduction energy technology
(c) High powered water handling technology
(d) LED application technology
(e) Green transportation system related technology
(f) Cutting-edge green city related technology
(g) Technology that economizes and efficiently uses energy and resources to minimize greenhouse gas and contaminated substances throughout the entire process of other social and economic activities
(h) Any technology belonging to one of (a) to (g) that fuses with another technology

*This includes technology applicable to 6 green technology industries of 17 new growth dynamic forces promoted by pan-government.

Examples of Green Technology Related Technologies

Green Technology Related Technology Example
New Renewable Energy

Solar Battery, Hydrogen·Fuel battery, Bio-energy(Bio-diesel, Bio-ethanol, Bio-gas, BtL), Oceanic Energy(Tidal energy, Current energy, Wave energy, Seawater temperature variation use), Wind energy, Geothermal energy, Hydraulic energy, Waste, etc.

Carbon Reduction Energy

Carbon Capture Storage (CCS), Nuclear energy, Nuclear fusion, Technology improving fossil fuel efficiency, Non-CO2(Carbon dioxide excluded) disposal technology, etc.

High Powered Water Handling

Smart waterworks (Low energy filtering film, Smart filtration film purification, etc.), Drainage·Waste water disposal, Seawater/ Freshwater, Aquatic ecosystem restoration, Underground soil water restoration, etc.

LED Application

Eco LED, LED Smart Module, LED lighting, etc.

Green Transportation System

Green car (Hybrid car, Plug-in hybrid car, Clean diesel car, Fuel battery car, etc.), WISE Ship (Futuristic environment friendly vessel, Leisure boat), Cutting-edge railroad (Ultra-high speed train, Tilting train, Magnetic levitation train), Bicycle, etc.

Cutting-edge Green City

Ubiquitous city(U-City), Intelligent transport system [ITS], Geographic information system(GIS), Low energy environment friendly housing, etc.

Green Technology Super-Highway Patent Examination [Guideline Article 4, Paragraph 2, Subparagraph (8)] Evidentiary Document

Application Evidentiary Document

Application, as directly related to green technology, that has received financial support or certification from the government

Document applicable to one of the following:

1. Document demonstrating receipt of financial support from government institution for research and development. (Public notice of selection as technology development business, etc.)
2. Document demonstrating receipt of green technology related financial support from financial institution (Loan records, etc.)
3. Environment mark certificate, Carbon grade indication certificate, New technology certificate, Technology verification certificate (Issuing institution: KEITI)
4. Superior recycle product certificate(Issuing institution: Ministry of Knowledge Economy, Korean Agency for Technology and Standards)
5. Document demonstrating receipt of green technology related financial support or certification from foreign government.

 

* 如果您想退订,请点击 [浏览].
       
▲ Prev July 2009   -   Implementation of Expedited Examination System to Support Low Carbon Green Growth
▼ Next March 2010   -   Ikze Cho, a German lawyer, joined HANYANG International as a Foreign Legal Consultant