First-to-file rule and the first-to-invent rule

The first-to-file rule and the first-to-invent rule are two different principles for determining which applicant is granted a right whenever two or more patent applications are filed for the same invention. Only the first-to-file rule applies in Korea.

Regardless of who invented the invention, the right of invention is given to the person who is the first to file the application at the patent office. If two or more applications for the same invention are filed on the same date, the applicants must consult with one another and try to come to an agreement on who may obtain a patent for the invention. If no agreement is reached or no consultation is possible, none of the applicants can obtain a patent for the invention.

The first-to-file rule is practical because it grants rights for the cost of disclosing the technology and it encourages swift disclosure of inventions.

This rule is in accordance with the purpose of the patent system because it aims to promote industrial advancement through the swift disclosure of inventions.

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A precedent about the inventiveness of the patent

The Supreme Court's Precedent has been published which states that the inventiveness of the patent already registered should not be judged in the trial for confirmation of the scope of right to define an application range of patent right. On March 20 th , 2014, the supreme court decision confirmed the original trial that decided against a demandant with respect to the confirmation suit of patent right scope, in which company “A” specialized in manufacturing a special equipment vehicle (SEV) filed a suit revoking the decision of the Intellectual Property Tribunal (IPT) that determined its designing of feed transportation vehicle is similar with Kim’s registration utility model. With respect to the claim raised by company “A”, in which “Kim’s utility model is considered as such patent that should be invalid due to the lack of the inventiveness, thus the scope of patent right as itself is not recognized”, the justice department decided as follows: “once a patent is regis

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Korean Patent and Trademark Applications Increased in 2012 despite Economic Crisis

- Application for patents and trademarks increased by 8% and 7%, respectively - Despite uncertain global economic conditions and financial crises throughout last year, Korean applications for intellectual property rights (IPRs) such as patents and trademarks increased last year, according to recent preliminary statistics. The Korean Intellectual Property Office (KIPO, Commissioner Ho-won Kim) gathered preliminary statistics on IPR applications from 2012 and found that the total number of applications for patents, trademarks, and industrial designs filed in 2012 increased by about 8% to 400,815 from 371,116 in 2011. Although the uncertainty of the global economy is growing, companies remain committed to dominating new technologies and brands through future-oriented R&D investment, leading to an increase in Korean patent and trademark applications over the past year. By type, applications for patents increased year-on-year by 7.6% to 192,575, utility models by 5.2% to 12,467,

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3. Disputable Agenda on Precedent Case

Claim 5 To form a metal panel in which a filing member is to be filled between a front plate and a rear plate which are made of a colored steel sheet, a method of forming a continuous metal panel comprising: continuously forming said front plate and rear plate having a certain width, in a lengthwise direction; forming caulking grooves having a narrow width to be in equal intervals in a lengthwise direction to said front plate; forming a connection groove portion and a connection projection portion respectively by bending upper and bottom portions of said front and rear plates; installing a cover so that said caulking grooves may be sealed with an outside; stiffening in a manner to fill a filing member between said front and rear plates; and loading said panel by cutting into a necessary length for use Claim 6 The continuous metal panel as claimed in claim 5, produced by use of an insulator in which a filing member is selected from a polyurethane foam (PU), a glass wool bo

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KLP IP Firm

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