Enforcement proceedings of patent rights in Korea

Article Abstract:

Patent rights are enforced differently in South Korea than in the US as shown by recent court decisions and rulings of the tribunal of the Korea Industrial Property Office. Enforcement proceedings are divided into an administrative avenue and regular court cases of infringement. There is a confirmation trial on the patent claim's scope and claims are interpreted differently. Court actions consist of preliminary injunctions, actions for civil infringement and criminal prosecutions.

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Reconsidering Walter's "implemented ... to refine or limit claim steps."(patents for algorithms)

Article Abstract:

The Freeman-Walter-Abele doctrine will remain useful for protecting computer-based inventions such as mathematical algorithms, although the Patent and Trademark Office indicates that it is no longer the sole standard. In re Walter produced guidelines including the statement "implemented ... to refine or limit claim steps." This is central to proving that an algorithm is practically applied, by permitting a claimant to focus upon the data gathering refinement steps of an algorithm.

United States, Laws, regulations and rules, Algorithms

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Transition from central to peripheral definition patent claim interpretation system in Korea

Article Abstract:

The South Korean Supreme Court appears to be using a broader, and more internationally typical, interpretation of patent protection than it has in the recent past. Previously, the court limited protection to specific examples listed in a patent specification, but has broadened protection to cover more intuitive and result-oriented techniques and processes. The evolution of this change and specifically the effect of the 1981 amendment to the Korean patent law are discussed.

Korea, South

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