Asia-Pacific

In Korea, patent term extension (PTE) of a maximum of five years may be granted once for a patent covering a drug or agrochemical that has to obtain marketing approval after patent registration. According to Article 95 of the Korean Patent Act, however, the scope of protection during the extended period is limited only to the working of the patented invention in relation to products whose marketing approval was the basis for PTE.

Pankaj Soni of Remfry & Sagar analyses trends in AI, data concerns arising from AI, global subject matter eligibility standards for AI and whether AI can be classed as an inventor

Mengmeng Yu and Xia Zheng of AFD China evaluate the approach of the TMO, TRAB, CNIPA and courts to malicious trademark registrations

Korea requires a number of drawings for design applications showing several views that usually comprise one perspective view and six principal views (e.g. front, rear, right, left, top and bottom view, etc.) such that the design for protection can be clearly identified.

To raise funds for research and development, start-ups sometimes have to announce the existence of licensing agreements, supply and distribution agreements etc. (i.e. a contract for a future sale of a product embodying an invention). In places like the US, if such agreements were made public more than one year prior to the effective filing date, even though the details of the invention are kept confidential, a statutory on-sale bar may be triggered, resulting in loss of patent protection for the invention in the US.

When inventions/designs are disclosed to the public by one of the inventors/designers or applicants, a one year grace period is available in Korea for patent, utility model, and design applications.