The overseas patent application fee includes the patent attorney’s fee, the cost of hiring a proxy outside of Korea, and the cost payable to the overseas patent and trademark office.  Among these, since the cost payable to the overseas patent and trademark office is a fixed cost, efforts are required to reduce the patent attorney’s fee to cut back on the cost of an overseas patent application  Then, how can I cut down the patent attorney's fee?

First, reduce the number of overlapping reviews as much as possible. For example, when dealing with the reasons for the refusal of a patent, the standards for determining the inventive step are growing analogous throughout the world. 

Therefore, carry out all the reviews on the inventive step in Korea to deal with the application refused outside of Korea and refrain from assigning any overlapping reviews to the overseas proxy as much as possible to reduce costs.  Ask the dedicated patent attorney at the Wave with extensive hands-on experience in large patent firms in various countries outside Korea to reduce the overlapping reviews to the greatest extent. 

Second, cut back on translation costs as much as possible. A large part of the cost arising from overseas patent applications incurs from the translation. In this case, if an employee who is proficient in Korean, English, and Japanese translates Korean into both English and Japanese, the translation cost can be reduced as no secondary translation is required.  A patent firm, The Wave, is comprised of patent attorneys who are highly proficient in English, Japanese, and Chinese, allowing you to benefit greatly from reduced translation costs.

Finally, reduce the cost payable to the overseas proxy. For overseas proxy, especially in developing countries such as China, the patent offices that primarily deal with overseas applicants charge much higher prices compared with those that serve domestic applicants.  By handling a number of patent litigations overseas for Korean companies, The Wave has gained much knowhow in working with mid-sized local patent firms outside of Korea.  Therefore, The Wave will be the right choice to reduce the cost payable to the overseas proxy.

The PCT application scheme simplifies the process of filing applications in multiple countries.

In other words, if you wanted to obtain patents from the N number of countries, you had to, in principle, file an application at each of the N countries. Therefore, it was cumbersome and inconvenient for applicants as they had to file their application at the patent and trademark office in each country.  The PCT application scheme allows you to file a single PCT application and then follow up with the step of entering into national or regional phases in countries in which you wish to register your patent within the set period from the filing date. It is designed to minimize any inconvenience caused to applicants who seek to register their patent in multiple countries. 

However, a PCT application does not itself result in the grant of a universal patent respected across the world.  Since the PCT application scheme provides a unified procedure for filing patent applications, you must enter into the national or regional phases in countries in which you wish to register your patent and the examination must be conducted in countries where you have entered into the national or regional phases. 

For example, if you would like to obtain patents in Korea, the United States, and China, a PCT application must be followed up with the step of entering into national or regional phases. 

After that, the examination must be conducted to obtain patents from Korea, the United States, and China.

The right holder or applicant can send a direct warning to the other party. 

Sending a warning is to inform the patent application or patented invention to the other party and claim for compensation or to lay the groundwork to claim for damages. 

Therefore, you can send a statement to inform the other party's ongoing infringement upon your right and your right to claim for relief arising from the infringement, and the documents to demonstrate the patent application or registered patented invention (disclosed information, certificate of patent, etc.). 

However, if you claim an infringement, even though there was none, you may be deemed to have disseminated false information and be held liable for tortious interference, thus, you are advised to consult a patent attorney before sending a warning

The design is either just examined or partially examined.  If the article you intend to apply for falls into the category of articles subject to partial examination with a short life cycle, you will be able to obtain your right promptly. 

If the article you intend to apply constitutes an article subject to an examination, you are, in principle, required to follow the application steps.  However, if there is a special circumstance prescribed under the laws and regulations, or if a professional agency has conducted a preliminary design examination, you may be allowed to undergo an accelerated examination.

According to the Design Protection Act, the term “design” means a shape, pattern, or color of an article or the combination thereof, which invokes a sense of beauty through visual perception; The design of an article, which is a tangible movable subject to an independent transaction, or the exterior of the part thereof may constitute a design under the Design Protection Act.  The design right is also available for the design of GUI and fonts. 

The applicant holds the right to the identical or similar scope of the registered design.  Therefore, it is very important to establish the scope of the right to be registered upon application, and patent attorneys specialized in design with extensive experience at The Wave will guide you to obtain an effective scope of the right.

Although patents are intangible, they are state-recognized property just as real estate properties or movable assets are, making them available for the sale, purchase, and transfer. Therefore, you can give your patent to your child through a certain procedure.  However, a patent expires 20 years from the earliest filing date of the patent, and therefore, the right also expires in 20 years.

No. Intellectual properties, including patents, are subject to the prerogative of each national or regional authority.  That is, the right is effective (monopolistic and exclusive right) only in the country in which the patent is registered. 

For example, if you have a patent registered in Korea, it will be effective only in Korea, and its effect does not extend to the practice (production, sale, transfer, etc.) in other countries.  Therefore, it is important to obtain patents in all countries in which you seek to practice the invention.

The subject of the patent is the idea itself, not the product or sample that has materialized the idea.

Therefore, if you give a detailed description on the idea for the specialized patent attorney of The Wave to draft a patent, you can file an application.

It depends on the area of invention, the accuracy of the written application, and the degree of pileup in the examination at the Korean Intellectual Property Office, but it usually takes between 1 year and 1 year and 6 months. 

Patent attorneys are under the legal obligation to keep the information obtained from their clients confidential.

According to Article 23 of the Patent Attorney Act, a current or former patent attorney who, without good cause, divulges or misappropriates confidential information about an invention, design, or the creation of an inventor, designer, author, patent applicant, or applicant for the registration of a utility model or design, he/she becomes aware of in the course of providing services will be punished by imprisonment for up to five years, or by a fine not exceeding 50 million won.

Rest assured and consult with the patent attorneys about a technical description. 

If you have plans to file an application to register a patent/utility model, we recommend you bring materials to describe the technology you have invented. The materials should include the purpose of the invention (challenges addressed), the differences and effects compared to conventional technology, the composition of the invention, and the drawing. If you have plans to file an application to register a design, we recommend you bring with you a design drawing or a real product.