News & Infomation
简报
June 2011
June 2011The Accuracy of Decisions of Examiner and Appeal Board regarding Patent Applications Improving
The Commissioner of the Korean Intellectual Property Office, Mr. Suwon Lee, stated that the accuracy of decisions of an examiner and an appeal board regarding IP applications are recently continuously improving.
According to the analysis of the rate of filing an appeal against examiner's decision of refusal for the past 5 years, the rate of filing an appeal against a decision of refusal has decreased sharply from 18.4% in 2007 to 13.8% in 2010; and in the analysis reveals that in the first quarter of this year, it has decreased down to 13.1%, which amounts to 5.3% decrease since 2007.
Moreover, among the appeal board cases filed against examiner's decision of refusal, the rate of ruling of cancelation of an examiner’s decision has decreased from 43.5% in 2007 to 36.7% in the first quarter of this year, which amounts to 6.8% decrease.
On the other hand, the rate of filing a complaint with the Patent Court due to dissatisfaction of the appeal board decision against examiner’s decision of refusal shows a decreasing trend.
< Rate of filing an appeal against examiner’s decision of refusal
∙ Rate of cancellation of examiner’s decision of refusal >
|
Type
|
2007
|
2008
|
2009
|
2010
|
2011. 1st Quarter
|
|
Rate of filing an appeal against examiner's decision of refusal
|
18.4%
|
18.2%
|
18.0%
|
13.8%
|
13.1%
|
|
Rate of cancellation of examiner’s decision of refusal
|
43.5%
|
39.5%
|
38.1%
|
37.0%
|
36.7%
|
|
Rate of filing a complaint to the Patent Court based on the result of the refusal decision
|
10.4%
|
10.1%
|
6.7%
|
7.1%
|
6.1%
|
On the other hand, the rate of invalidation trial is 0.6%~1.0% in contrast to the number of cases that were allowed registration regarding IP applications filed with the KIPO and especially ranked the lowest at 0.6% in the first quarter of 2011.
< Rate of invalidation trial in contrast to the number of cases allowed registration>
|
Year
|
2007
|
2008
|
2009
|
2010
|
’11 1st quarter
|
|
Rate of Invalidation Trial
|
0.7%
|
0.9%
|
1.0%
|
0.9%
|
0.6%
|
Comprehensively, this suggests much continuing improvements in the KIPO’s performance related to the decisions of examiners and appeal board for the past 5 years and it seems to point out that the KIPO’s policy in promoting an efficient and accurate system has produced satisfactory results.
Mr. Suwon Kim stated that “The KIPO will also in the future try its best to analyze court’s decisions and will use its best efforts to provide a high quality examination and appeal board system though education of examiners and trial judges.”
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