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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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3. Disputable Agenda on Precedent Case

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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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Korea and China to Expand Cooperation on Intellectual Property

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