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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
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
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
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
THE STAR IPRS CREATION STRATEGY
S T
A R
8
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
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
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
1Strategy STRUCTURAL REFORM OF EXAMINING CORPS
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
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
1Strategy STRUCTURAL REFORM OF EXAMINING CORPS
- 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
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
2Strategy EXAMINATION QUALITY CONTROL
HIGH-QUALITY
IPRS
SHIFT
12
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
2Strategy EXAMINATION QUALITY CONTROL
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
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
2Strategy EXAMINATION QUALITY CONTROL
< IMPROVED EXAMINATION PROCESS >
14
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
3Strategy SHORTENING EXAMINATION PENDENCY
15
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
3Strategy SHORTENING EXAMINATION PENDENCY
Accelerated
Regular
Deferred
3-5 months
12 months
16
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
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
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
4Strategy PATENT INFORMATION SERVICES
18
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
4Strategy PATENT INFORMATION SERVICES
COOPERATION OF IP5 AND WIPO
IP5 / Trilateral WIPO
19
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
4Strategy PATENT INFORMATION SERVICES
ONE PORTAL DOSSIER (OPD)
20
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
DIRECTION OF REVISION
5Strategy REVISION OF THE PATENT ACT
21
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
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
5Strategy REVISION OF THE PATENT ACT
22
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
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
5Strategy REVISION OF THE PATENT ACT
23
2. SPOT STRATEGY (STRENGTHENING IP ECOSYSTEM)
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
3. LINK STRATEGY (STRENGTHENING THE LINKS WITHIN ECOSYSTEMS)
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
3. LINK STRATEGY (STRENGTHENING THE LINKS WITHIN ECOSYSTEMS)
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%
3. LINK STRATEGY (STRENGTHENING THE LINKS WITHIN ECOSYSTEMS)
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
3. LINK STRATEGY (STRENGTHENING THE LINKS WITHIN ECOSYSTEMS)
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
4. INTEGRATION STRATEGY (INTEGRATING THE WHOLE ECOSYSTEMS)
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
4. INTEGRATION STRATEGY (INTEGRATING THE WHOLE ECOSYSTEMS)
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
jin64@kipo.go.krjin6400@empas.com
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