In today’s world, new technologies rarely emerge without ties to existing innovations. After months of development and planning, many projects face termination due to concerns over patent infringement when new products are found to resemble patented technologies. A Patent FTO (Freedom to Operate) study assesses whether a technology can be commercialized without violating existing patent…
Why do you want a patent? When asked this question, 90% of people say, “to protect their technologies and ideas.” However, the remaining 10% answer, “because it is necessary for business.” While the original purpose of patent rights is to protect and promote technological invention, modern patent law serves a broader purpose. For example, the…
The Importance of Prior Art Search for Patent Applications Conducting a prior art study is crucial for patenting a technology, as it serves multiple purposes: Assessing RegistrabilityPrior art establishes a standard to judge whether an invention is patentable. It also helps determine how to structure claims and prepare the patent document. Supporting Patent Disputes and…
Embracing Virtual Communication for IP Services While trademarks and designs do not always require face-to-face meetings, understanding patent technology often benefits from direct communication. Preparing patent-related statements can be easier when there is an opportunity to explain and clarify details in person. For this reason, face-to-face meetings have traditionally been preferred. Additionally, when building an…
Trademark Registration: Key Considerations and Solutions Unlike patents or designs, trademarks do not protect inventions. Instead, they “choose and protect” marks that are valuable for branding purposes. However, trademark protection does not apply to all marks without exception. Certain marks cannot be exclusively used. For example, registering product descriptions or prominent place names would create…
Is Design Registration Worth It? Design registration, which protects the visual appearance of products, is often perceived as having lower necessity and effectiveness compared to patent or trademark protection. This is because design rights have a narrow scope, making it difficult to claim infringement when even minor differences exist between designs. Additionally, the nature of…
Understanding Trademark Protection and Non-Use Cancellation Trials Trademarks do not protect inventions; instead, they operate on a system of “registration by choice.” In other words, trademark laws aim to protect marks that are registered, regardless of the reason for their creation. However, this registration-focused system has led to issues where trademarks are preemptively registered without…
Trademark Protection and the Risks of Imitation Trademark protection is based on registration by choice, meaning that the law prioritizes protecting trademarks that have been registered. Under the territorial principle, trademark laws—including the Korean Trademark Act—only recognize and enforce trademark rights within the country where the trademark is registered. This principle has led to cases…
Astonishing Facts about International Patent and Design Applications Applying for and registering a patent in Korea’s major trading partners—Europe, Japan, the US, and China—can cost approximately 100 million KRW. This cost applies to just four countries, not the entire world. However, the costs for application and registration themselves are not particularly high. In most cases,…
Introducing Attorney Yeong-ran Ha: Expert in Chinese Patent and Trademark Services At Sarang IP Law Firm, we are proud to have Attorney Yeong-ran Ha, a Chinese attorney with extensive experience and expertise in intellectual property law. Attorney Yeong-ran Ha’s Background Education: Graduated from two universities in China. Work Experience: Worked with major Chinese branches of…