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논문 기본 정보

자료유형
연구보고서
저자정보
김익환 최동혁 홍성우 기율특허법률사무소 이영훈
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국립중앙도서관 국립중앙도서관 연계자료 국립중앙도서관 연계자료, 2018년 제14호
발행연도
2018.1
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초록· 키워드

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This policy research examines the formats of the Patent Office and discusses measures for their simplification. For the purpose of this discussion, this report is composed of deep-dive diagnosis and analysis of the legal forms used by the current Patent Office, case studies of other administrative agencies and major foreign Patent Offices (IP5), and simplification of the forms in order to enhance patent administration efficiency. Currently, there are more than one hundred types of forms provided by the Enforcement Rules of the Patent Act, Tradeark Act, and the Industrial Design Act, and about three hundred individual forms are available depending on the types of options. Therefore, applicants who are not accustomed to filling out these forms may face difficulties in selecting the right form and understanding how to fill it out. Especially, since the current electronic system for patent application is based on a system built in 1999, it remains a challenge to redress user inconvenience on account of limitations despite various system enhancements that have been made. According to a survey, the largest number of complaints relates to electronic applications, and among electronic applications, complaints about the formatting program are the most common. There are many kinds of legal forms related to the Enforcement Rule of the Patent Act, and it is difficult to know how to fill them out, as there are many detailed categories of the forms used. Therefore, this report reviews the simplification of patent administration in order to solve the inconvenience of users caused by the complexity of the forms of the Patent Office, and the various problems arising therefrom. This report proposes the following suggestions for improvement as a result of studying how the forms are filled out. First, it is possible to remove some forms such as technical opinion form as to registrability of utility model, conversion of application form for a design registration, application form to register the reclassification of goods(abolition of the process), and technical evaluation procedure and objection procedure of the revised claim form. Second, as dividing forms by procedures leads to an excessive number of form types, it is necessary to attempt to integrate them into the indication of the cases. In addition, it is necessary to classify forms by the purpose to provide a clear and intuitive classification interface to the user. Third, since there is not a large difference between the procedures of patent and utility model registration and since the format of the application number is similar, the two forms should be integrated without a need to distinguish the procedures. Fourth, if the form is only used for limited purposes, the usage should be specified in the title of the form, such as patent, design, trademark, PCT, Madrid, and Hague. Fifth, opinion letter, response letter, explanation letter, second response letter, etc. are different only in name and there is no difference in the actual contents. Therefore if these forms are integrated into one opinion letter, it will be possible to reduce the number of forms. As a result of examining the 2007 streamlining of forms, it was found that the integrating has brought many improvements, but there are also side effects, such as the manual becoming complicated due to integration of many forms, or it being difficult to find out which form has become integrated under which other forms. There is also a way to make it easier for users to fill out forms such as automatic entry of forms through interaction, or direct access to specific form in the integrated form of by reorganizing the classification of forms. Therefore, additional improvements from simple integration and abolishment of forms have been avoided in this report. The electronic litigation site is where the web method was first introduced, and other examples of web-based systems include Minwon 24, which introduced GUI for convenient data entry into forms, as well as USPTO, EPO, EUIPO, and WIPO. As web application is expected to resolve many of the inconveniences of the current forms, it is necessary to refer to these examples of other institutions and countries. This report proposes web application methods that have functions such as enabling review of each item written, automatic filling of applicant information or agent information, connecting the screen through interaction from the notice, importing case information in case of clicking the specific form while searching cases in Teukheoro, coloring indication for mandatory items, guiding how to fill out forms and showing a message that the applicant cannot proceed to the next step before entering in the required items, and introducing the confirmation step of the form created before final submission. With the adoption of the web application method, interaction was used to enhance user convenience. Specifically, in this research, we improved the homepage UI based on the web standard (HTML5) and improved the access method of the main page in Teukheoro to facilitate the route to approach application forms such as those for patent, trademark and design. As user convenience is improved through the change of the interface, the web application method is expected to redress many inconveniences of the current forms. As an additional proposal, it is recommended to have inter-agency consultations and to review related laws and regulations such as Patent Act to permit the sharing of personal information with other institutions such as National Tax Service and Health Insurance Corporation. If the relevant laws and regulations are amended to allow this, applicants will not have to submit excessive documents. In addition, there are many cases where applicants submit forms but receive correction orders due to forgetting to pay the cost. The current system receives payment after submission of the form, while it is common practice in other organizations or other countries to make payments in advance and then submit the form. Therefore, it is advisable to review adopting the process of making payment before the form is submitted
#상표법(법률)[商標法] #특허법(법률)[特許法] #특허 절차[特許節次]

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