1. Regional Update In Korea Summary of 2010 Revision in Patent Law
SIA in Korea

2. Main Subjects in 2010 Revision
Improvement to inefficient patent rules and practice in view of clients
1. Compulsory Licensing Requirements
2. Amendment to Design Patent Act
3. Amendment to Fee Schedule in KIPO

3. 1. AMENDMENT TO COMPULSORY LICENSING REQUIREMENTS
The amendment has come into force from on January 1st, 2010
It has concentration on relaxation for compulsory license requirement for Government’s use
Government may implement the patented invention with more relaxed compulsory license requirements in certain situations comparing civil third parties.
Civil third parties may also get compulsory license when the patented invention is not implemented, sought to be used by any third parties and paid reasonable royalty or license fee in Korea.
The revised act also clarifies more that the implementation of a patented invention for research and test to obtain government’s approval is exempted from patent infringement.

4. 2. AMENDMENT TO THE DESIGN PATENT ACT
The Amendment has come into force from on January 1, 2010.
Drawing requirements becomes more flexible and simpler. (1) Flexibility in the method and number of drawings to be submitted.
- Instead of previous perspective view and six drawings through orthographic projection (front, rear, left side, right side, top and bottom views) for 3D and a surface and back view for 2D, even single drawing may be acceptable, if it specifies the contents of the design and the entire shape to be registered.
(2) Three-dimensional image files may be acceptable
- Previously, only two dimensional image files might be acceptable. However, under the Amendment, three-dimensional image files may also be acceptable. Specifically, DWG (Drawing), DWF (Design Web Format) or 3DS (3D studio) file formats may be available.
- Cautiously, the drwing amendment shall be made in same file format.

5. 3. Amendment to fee schedule in KIPO
Korean Intellectual Property Office(“KIPO”) amended fee schedule on 28 July 2010
Some important changes are highlighted  
Trademark Registration Fee
- Registration fee may break down into two installments :
Fee for 1st half for first five years and
Fee 2nd half for next remaining five years for total ten years.
Before this amendment, fee for whole ten years shall be paid for the registration
30 % or 70% reductions in the examination request fee for utility model under the PCT according to international examination report or the international preliminary examination
Increase of patent term extension fee from KRW (Korean Won) 78,000 to KRW 300,000
(By the Korea patent law, patent term may be extended under certain circumstances)
Increase of amendment fees for being filed electronically from KRW 26,000 to KRW 30,000 and additionally KRW 7,000 per claim
Refer to KIPO news of 3 August 2010 for more information.