If differences bring no new effect, the patents are determined to be identical in novelty requirement.

In Korean patent law, invention under the Patent Act means “a highly skilled thing or art that is a technical creation of ideas using natural laws”.

And among patentability requirements, novelty requires that “an invention’s technological creation be new in comparison to past technology or prior art”.

Novelty is intended to exclude the same technology as prior art.

 

In determining novelty of an invention, courts examine identicalness of the invention to publicly known and used technologies.

Patent Court decided in many cases, for example, at 2009Heo3091 (Scope trial for utility model claim, Nov. 25, 2009) that technical structures of the utility models must be compared in determining the identicalness of the utility models, and the effect of the utility models should be considered.

Therefore, although there are differences in technological structures of the utility models, if the differences are addition of publicly known or used technology, deletion or modification, so it is just mere changes which do not bring any new effect, then the utility models in comparison are to be determined identical.

새로운 블로그 Patent Brilliant 에서 새로운 글 업데이트 중입니다.

Patent Brilliant 주소: https://patentbrilliant.blogspot.com

미국 특허등록요건에 관한 case law 와 MPEP (Manual of Patent Examining Procedure) 주요 chapter 위주로 미국특허법을 study 합니다.

김정훈 (Robert J. Kim), US attorney at law (Washington DC), 특허법인 우인

KIPO will order to submit foreign PTO’s examination results of earlier filing.

Foreign applicants who file Korean patent applications based on foreign priorities will be needed to submit examination results of the foreign patent offices from Jan. 1, 2017.

KIPO examiner can request the examination results (especially, cited references) of foreign PTOs retroactively to the applicants who have been filed before Jan. 1, 2017. Korean Patent Act will include the article in §63(3).

According to the statistics of KIPO, the Korean patent applications based on foreign priorities are 8,387 (19.4%) in 2013. KIPO expects enhancement of patent examination quality by introducing this procedure.

priority.exam.order

새로운 블로그 Patent Brilliant 에서 새로운 글 업데이트 중입니다.

Patent Brilliant 주소: https://patentbrilliant.blogspot.com

미국 특허등록요건에 관한 case law 와 MPEP (Manual of Patent Examining Procedure) 주요 chapter 위주로 미국특허법을 study 합니다.

김정훈 (Robert J. Kim), US attorney at law (Washington DC), 특허법인 우인