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Korean Intellectual Property Office March 2010 Tackling the Backlog Tackling the Backlog.

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Presentation on theme: "Korean Intellectual Property Office March 2010 Tackling the Backlog Tackling the Backlog."— Presentation transcript:

1 Korean Intellectual Property Office March 2010 Tackling the Backlog Tackling the Backlog

2 Content I.KIPOs Experience on Tackling the Backlog II.International Cooperation for Work-Sharing

3 . KIPOs Experience on Tackling the Backlog

4 Strong Demand on Reduction of Examination Period(EP) The results of Survey on EP 26% companies experienced economic damages from long EP 80% prefer the EP not longer than 14 months 84% complained about long EP 74% prefer the EP less than 14 months 75% not satisfied due to long EP In 2004, the level of satisfaction of EP : 42.2 out of 100 PoorBelow AverageAverageAbove AverageOutstanding 13.9%37.8% 18.4% 25.6% 4.3%

5 Key Factors on the Reduction of Examination Period Recruitment of examiners Improvement of the examination process Expanded outsourcing of prior art searches Recruitment of examiners with advanced technical qualifications (Technical experts and PhDs) - Total number of patent examiners : (2002) 453 (2006) 727 Introduction of Six Sigma Performance-based management Outsourcing of prior art searches: 30,926 (2002) 133,000(2006) Improvement of our automated system of IP administration Increased examination efficiency through development of the KIPOnet system

6 0 Month / Year 5 10 15 20 25 22.6 22.1 21.0 17.6 9.8 12.1 12.2 2002 200320042005 2006 2008 2007 2009 Reduction of Patent Examination Period

7 Benefits of Reduction of Examination Period(EP) Benefits from Reduction of EP based on a survey (2007.9) 1) Advantageous to preoccupy in the market 2) To secure the royalties 3) To prevent counterfeited goods 4) To decrease legal disputes 5) To preclude competitors from imitated goods 6) To encourage inventors Monetary Gains from the Reduction of EP(2006) 22.1 month (2003) 9.8 month (2006) Approximately $ 1.4 Bil(USD) of production increase effect Approximately $ 0.57 Bil(USD) of creation of added value

8 The Change of Domestic & International Circumstances Various opinions on EP (2008.6) >> Is the world fastest 9.8 Months enough? - 53.8% said 9.8 is not fast enough >> Need to improve the quality of examination? - 91.4 % said YES! Change in corporate IP strategy - The focus is on strong, high-quality IPRs rather than the quantity of applications Global collaboration of IP offices - Work-sharing: a way of tackling the examination backlog * Work-sharing: PPH, SHARE, TRIWAY, FOCUS, New Route - Examination quality: a prerequisite for work-sharing One Application, One Search, One Examination Rapid Increase of PCT International Search Requests 2005 2006 2007 2008 2009 20 735 2,853 11,657 14,474

9 Change of Policy : Provide 3- Track & High Quality of Examination Quality of Examination Implemented EXCEL Program to improve the quality of examination Examination Period Introduce Customer-tailored 3 track system to satisfy various demands Expand the opportunities for anybody to apply for accelerated examination Introduce Customer-deferred examination system for those of who do not want their technology to be known to the public early >>> Maintained 16-Month Examination Period in average

10 EXCEL (EXamination exCELlence) Plan Measures to optimize the examination infrastructure an emphasis on a vigorous search of nonpatent literature Improving the automatic machine translation system Measures to enhance the examination quality Implementing an individual self-diagnostic system Establishing new examination divisions for new technologies Measures to maximize efficiency in the examination quality management Systemizing standard operating procedures for searches and examinations Implementing a Responsible Management System, where directors take full responsibility for the quality of the examination

11 Customer-tailored Patent Examination System Three-track Examination System Accelerated Examination : Within 3 months from the date of the request for examination Customer-deferred Examination : Within 3 months from the date specified by the customer Customer-tailored patent examination system AE CE RE - Customers can choose an accelerated track, a regular track or a customer-deferred track. Accelerated Examination Regular Examination Customer-deferred Examination

12 . International Cooperation for Work-Sharing. International Cooperation for Work-Sharing

13 IP 5 Global Work-sharing & Cooperation Increase of Efficiency and Quality of Patent Examination Needs of International Consistency of Examination Result Background IP5 Cooperation Framework Sharing Examination Know-how & Examination Criteria Discussion on Work-sharing and Harmonization of Patent System among EPO, IPO, KIPO, SIPO, USPTO 10 Foundation Project IP5 Examination Workshop

14 Patent Prosecution Highway (PPH) Apr. 2007 Japan Jan. 2008 Mar. 2009 Recent Status Denmark GermanyFinlandCanadaAustralia UKRussia Statistics USA Established Under consideration 200720082009 (Jan-Jul)Total KORJPN24 1765 JPNKOR8111070261 KORUSA-125104229 USAKOR-7048118 12 Oct. 2009Nov. 2009 Oct. 2009 Jan. 2010

15 SHARE (Strategic Handling of Application fro Rapid Examination) What is SHARE? Cooperative search & examination system between KIPO & USPTO Benefits Increase examination effectiveness & Reduce redundant work Decrease overall pendency Improve quality KIPO – USPTO SHARE Pilot Initiated September 1, 2009(400 cases) Selected in narrow technology(Battery, fuel cells etc) Manual prioritization and notification of work product availability to the offices

16 Thank you ! Shin, JinGyun Chief Administrative Patent Judge Korean Intellectual Property Office

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