Column, Patent Attorney Inki Kim - How to proceed with patent applications quickly? “Provisional Statement Submission System”
‘Provisional statement submission' is a system that has been in effect in Korea since March 30, 2020.
The reason why the usage rate of this system is soaring is that it can be used to easily secure (preempt) the "application date" of the patent. Korean applicants used the U.S. provisional application system with high costs, and the introduction of the provisional statement submission system opened the way for patent applicants to preempt other applications easily and quickly.
Patent laws in almost all countries in the world are 'pre- application system', and thus, it is important to obtain patents quickly. In principle, patent applications filed after technology disclosure are not granted patent rights, and accordingly, it is important to quickly preempt the patent application date before this disclosure.
However, it usually takes about 2 to 3 months to complete the patent application, and based on the provisional statement submission system, the original patent application can be submitted as it is, such as papers, research notes, and technical documents.
Submission of a provisional statement does not mean that examination is quickly conducted, but it allows the applicant to submit a regular application statement to the Korean Intellectual Property Office within one year after the provisional statement was submitted and further proceed with the examination request.
One of the questions that many people ask is if the number of applications issued as regular patent applications is different from the number of applications issued based on temporary statements. Because the format is the same and no patent expert can tell the difference between the two applications, answering the above question is really difficult.
To obtain an earlier application date, it is recommended to use the provisional statement submission system.
This text can be found in the column of In-ki Kim, a patent attorney of THEWAVE IP law firm.
[Inki Kim's Column]
Provisional Statement Submission System - 1
Provisional Statement Submission System - 2
In-ki Kim
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[Inki Kim's Column] How to proceed with patent applications quickly? |