ip development nvironment nnovative policy koreazwzx.eastday.com/zscq/1213/4.pdf · r. evision to...

SHIN JIN-GYUNDIRECTOR GENERAL

PATENT EXAMINATION BUREAU 2

IP DEVELOPMENTENVIRONMENT &

INNOVATIVE POLICYIN KOREA

1. CREATIVE ECONOMY AND IP ECOSYSTEM

2. POLICIES ON SPOT STRATEGY

3. POLICIES ON LINK STRATEGY

4. POLICIES ON INTEGRATION STRATEGY

CONTENTS

1CREATIVE ECONOMY AND

IP ECOSYSTEM

1. CREATIVE ECONOMY AND IP ECOSYSTEM

THE CORE OF THE CYCLE : IP ECOSYSTEM

IPEcosystem

R & D

Market

Idea/C r e a t i v i t y

Commercial-ization

4

2SPOT STRATEGY

(STRENGTHENING IP ECOSYSTEM)

2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)

IPIDEA

R&D

MARKETKIPO

Source : poll by Electronic Times, 2012

COURTS

REPRESE-NTATION

PATENT EXAMINATION STATUS CENTRALIZED JURISDICTION

PATENT LAWSUITS- For invalidation → Patent court- For infringement → Civil court

JOINING THE G5, THEFIVE LEADING IP OFFICES IN THE WORLD

- Launch of the IP5(2007) and TM5(2012)

INTERNATIONAL COOPERATIONJOINT REPRESENTATION

(ATTORNEY AND PATENT ATTORNEY)

Current(Attorney only)

6.8%

N/A20.4%

Joint72.8%

■ F.A. (2012) : 14.8 MONTHS(* 28 for U.S.; 25.9 for Japan)

■ PATENT APPLICATION(2012) : 179,000

COMMERCIALIZATION

(* 526,000 for China;504,000 for U.S.;343,000 for Japan; 59,000 for Germany)

6


SPOT STRATEGYStrengthen IP ecosystem

Enhancing IP Administration Service

Developing IP Judicial System

Establishing IP Governance at Home & Abroad

INTEGRATION STRATEGYStrengthen the links within

ecosystemsIntegrate the whole ecosystems

Create high-quality IPRs for the global markets in timely manner■ STAR Patent, Positive Examination, Organizational Restructuring

Enhance the efficiency and consistency of IPR lawsuits■ Attorney – Patent Attorney Joint Representation, Overall

Revision to the Korean Patent Attorney Act

Lead development of global IP regulations■ Extend PPH agreements

LINK STRATEGY

7


THE STAR IPRS CREATION STRATEGY

S T

A R

8


1Strategy STRUCTURAL REFORM OF EXAMINING CORPS

The previous organizational structure of examining corps was based on the traditional industries, such as machinery, chemistry, electronics and communications

Since the 1990s, the tendency to combine technologies, products and services has collapsed the boundaries between industries and paved the way for new products and new markets

There is an increasing need to reform the organizational structure of patent examination in order to better meet this new trend

9



Reshape an examination structure based on professional technologies and their corresponding industriesBased on ‘Technical Cells’ (TC) (TC-Industry Matching: Organization of examination divisions and bureaus by matching TCs with major industries)

IPC

70,000

TC

444

Major Industry

38

Division

30

Bureau

4

10



- Patent Examination Policy- Energy Technology- Automobile Convergence Tech.- IT Convergence- Medical Technology

- Fine Chemistry- Electric Power Technology- Residential Technology- Civil Engineering- Food & Agriculture

- Processing System- Precision Component- Semiconductor- Computer System- Polymer & Textile

- Robot & Automation- Advanced Transportation- Biotechnology- Mobile Communication- Display Device

••

••

••

••

11


2Strategy EXAMINATION QUALITY CONTROL

HIGH-QUALITY

IPRS

SHIFT

12



Registration quality

PARADIGM SHIFT

Examination qualityApplication quality Smart system

System for checking patent specifications

Positive system Enhanced with

outsourced search authorities

Enhanced remedies for right holders

POSITIVE EXAMINATION SYSTEMEarly registration of right by

fostering voluntary amendments

Active on the direction for amending the scope of claim

ex-officio amendment

decisionat

Exam. stagenterview before FA

13



< IMPROVED EXAMINATION PROCESS >

14


3Strategy SHORTENING EXAMINATION PENDENCY

15


3Strategy SHORTENING EXAMINATION PENDENCY

Accelerated

Regular

Deferred

3-5 months

12 months

16


4Strategy PATENT INFORMATION SERVICES

Obtained patent document data from 20 countries and utilized the relevant databases of 12 countries

Patent documents from 69 countrieswith full text or abstract in electronic format by 2016

Databases of 69 countries by 2017

Strengthen examination quality

Help Korean enterprises obtain high-quality patent information more easily and promptly

17



18



COOPERATION OF IP5 AND WIPO

IP5 / Trilateral WIPO

19



ONE PORTAL DOSSIER (OPD)

20


DIRECTION OF REVISION

5Strategy REVISION OF THE PATENT ACT

21


REVISION TO IMPLEMENT THE KOREA-U.S. FTA (DEC., 2011)

Adoption of Patent Term Extension to Compensate for Delays in Granting the Patent

Extension of Grace Period (6 months ⇒ 12 months)

Abolition of Patent Revocation due to Non-practicing of Patent Right

Introduction of System for Protection of Confidential Information submitted in Lawsuits


22


REVISION TO INTRODUCE FOREIGN LANGUAGE APPLICATION(PENDING IN NATIONAL ASSEMBLY NOW)

Relaxed requirement for securing the filing date (Art. 5, PLT)- An application without a claim is allowable, but a claim should be

filed prior to the request for examination- An English language application is acceptable, but a Korean

translation should be filed within a specified time limit (14 months from priority date)

Amendment based on the original text in foreign language

Allowing correction of mistranslation in the translation


23


24

3LINK STRATEGY

(STRENGTHEN THE LINKS WITHIN ECOSYSTEMS)

3. LINK STRATEGY (STRENGTHENING THE LINKS WITHIN ECOSYSTEMS)

IPIDEA

R&D

MARKET

COMMERCIALIZATION

CREATIVITY RANKING IDEA SEARCHING INFRA

1st

2nd

7th11th

SWE SWZ JPN KOR

(* Ranking out of 15 OECD Member States)

• Statistics : STEPI (Science and Technology

Policy Institute of Korea), 2010

ENTERPRISES AROUND WORLD

220 MILLION PATENT INFO.

IP SERVICE INDUSTRY

KOREAN ENTERPRISES

UTILIZING IP SERVICE AGENCIES: 18.9%

26


IPIDEA

R&D

MARKET

COMMERCIALIZATION 3rd 3rd 2nd

Source : OECD, IMD (International Institute for Management Development) Statistics : WIPO

KOR CHN JPN DEU USA

cases / R&D investment $1m

No. of citations / cases

USA TWN JPN KORStatistics : KISTEP (Korea Institute of S&T Evaluation and Planning) Source : Ministry of Edu., Science and Tech., 2010

USA JPN GBR DEU KOR

Unit: $100m

RATIO OF R&D INVESTMENT TO GDP (AMONG OECD MEMBER STATES) PATENT PRODUCTIVITY (2012)

FORWARD CITATIONS (2008) TECH. TRADE BALANCE (2010)

27


IPIDEA

R&D

MARKET

COMMERCIALIZATION

Source : KIPO, 2011

Source : STEPI, 2012 Source : SMBA, 2012

Source : SMBA (Small & Medium Business Administration), 2012

Unit: 100M KRW

CHALLENGES TO IP COMMERCIALIZATION FUNDING FOR BUSINESS STARTUPS

DETERMINATION OF BUSINESSES

Angel Investment VC Initial Investment

Financial Deficit41.5%

Other3.1%Marketing

Shortages14.5%

Counterfeit Goods15.4%

Lack of Professionals

25.5%

(No. of business founders / thousand of economically active population)

28

Otherwise20%


IPIDEA

R&D

MARKET

COMMERCIALIZATION

Source : IMD, 2011

[ KIPO, 2012 ] Source : Jurisdiction Yearbook, Court of Korea, 2012

IPR Infringement lawsuits (unit: case)

ENTERPRISE VS. EMPLOYEE ENTERPRISE VS. ENTERPRISE

COUNTRY MARKET

IPR Protection Ranking Volume of Counterfeit Goods Market

1.35 billion $1st2nd

9th

31st

SWZ USA SGP KOR

Employee Invention Enterprise with E.I.

Patent created by E.I.

80%

Enterprise introducing

E.I.43.8%

Otherwise56.2%

29


LINK STRATEGYStrengthen the links within

ecosystems

Nurture creative talent with IP skills

Help develop skills of creative people possessing entrepreneurial spirit and an IP mindset- IP convergence education,

IP education for military soldiers,IP ‘Creation Zone’ management

Create IP-Centered R&D

Support IP-based business startups & commercialization

Create a sound environment for

the IP marketStrengthen capabilities to respond to IP disputes at home and abroad- Prevent tech. extortion,

Crackdown on counterfeit goods

Move central focus from parts and technology to IP- Building a blueprint for national

patent strategiesSupport business startups and commercialization by providing IP financing/trade/funding- IP mortgage lending and

valuations

IP-IDEA

IP-COMMERCIALIZATION

IP-R&D

IP-MARKET

SPOT STRATEGYStrengthen IP ecosystem

INTEGRATION STRATEGY

30

4INTEGRATION STRATEGY

(INTEGRATING THE WHOLE ECOSYSTEMS)

4. INTEGRATION STRATEGY (INTEGRATING THE WHOLE ECOSYSTEMS)

COMMERCIALIZATION

MARKET

IPIDEA

R&D

SPOT STRATEGY

INTEGRATION STRATEGY

Strengthen IP ecosystem

Integrate the whole ecosystems

LINK STRATEGYStrengthen the links within ecosystems

32


INTEGRATION STRATEGYIntegrate the whole ecosystems

Enhance system to help realize

and protect ideas

Help creative IP-based enterprises

to grow

Attain ‘Government 3.0’

through IP Services

Turn creative ideas into patent rights and commercial prospects while providing an effective protection system- A guideline for protecting ideas as well as comprehensive measures for their protection

SPOT STRATEGYStrengthen IP ecosystem Strengthen the links within

ecosystems

LINK STRATEGY

Deepen capabilities of enterprises to manage IP- Provide a foundation for growth for the IP service industryand promote 1,500 ‘STAR Enterprises’

Establish and share big data on global IPs→ Activate circulation

- Strengthen IP information services for the public

33


Establishing a “VIRTUOUS CYCLEECOSYSTEM” for the Creative

Economy through spot, link and integration strategies

Market

Commercialization

Economic Growth and Job Creation

KNOWLEDGE-ORIENTEDLEADING ECONOMY

34

[email protected]@empas.com

ip development nvironment nnovative policy koreazwzx.eastday.com/zscq/1213/4.pdf · r. evision to...

Documents