19 년 UAE 특허심사대행사업과업내역서

Size: px

Start display at page:

Download "19 년 UAE 특허심사대행사업과업내역서"

혜인 궉
3 years ago
Views:

1 19 년 UAE 특허심사대행사업과업내역서

2 Ⅰ. 과업개요 Ⅱ. 과업내용 2019 UAE 2019 UAE 2019 UAE

3 2019 년 UAE 특허심사대행 사업수행계획서작성지침 특허청 특허심사기획과 - 3 -

6 2019 년 UAE 특허심사대행사업 조사의뢰및검수절차 특허청 특허심사기획과 - 1 -

7 ( 선행기술의우선일또는출원일 ) ( 조사대상출원의출원일 ) ( 선행기술의공개일 )

8 ( 조사대상출원의우선일 ) ( 선행기술의공개일 ) ( 조사대상출원의출원일 )

10 SEARCH REPORT NAME OF THE EXAMINATION OFFICE : KOREAN INTELLECTUAL PROPERTY OFFICE Application No. UAE/P/ (( 볼드체, 자동입력 )) Applicant ( 볼드체 ) Application filing date ( 볼드체 ) This search report consists of a total of pages. (Earliest) Priority Date ( 볼드체 ) It is also accompanied by a copy of each prior art document cited in this report. 1. Certain claims were found unsearchable (see Box I). 2. Unity of invention is lacking (see Box II). 3. The application contains disclosure of a nucleotide and/or amino acid sequence listing, and the search was carried out on the basis of sequence listing. Filed with the application. Furnished by the applicant separately from the application. but not accompanied by a statement to the effect that it did not include matter going 4. With regard to the title, beyond the disclosure of the application as filed. the text is approved as submitted by the applicant. the text has been established by this Office to read as follows: 5. With regard to the abstract, the text is approved as submitted by the applicant. the text has been established by this Office to read as if it appears in Box III. 6. The figure of the drawings to be published with the abstract is : Figure No. as suggested by the applicant. because the applicant failed to suggest a figure. because this figure better characterizes the invention. none of the figures. Exam. R. 1/

11 SEARCH REPORT Application No. UAE/P/ 12 fonts( 볼드체, 자동입력 ) A. CLASSIFICATION OF SUBJECT MATTER According to International Patent Classification (IPC) B. FIELDS SEARCHED Minimum documentation searched (classification system followed by classification symbols) Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched Korean Utility Models and applications for Utility Models Japanese Utility Models and applications for Utility Models Electronic data base consulted during the search : ekompass(kipo internal) SEARCH REPORT Application No. UAE/P/ 자동입력 C (Continuation). DOCUMENTS CONSIDERED TO BE RELEVANT Category ( 가운데정렬 ) Citation of document, with indication, where appropriate, of the relevant passages Relevant to claim(s) No. ( 가운데정렬 ) C. DOCUMENTS CONSIDERED TO BE RELEVANT Category ( 가운데정렬 ) Citation of document, with indication, where appropriate, of the Relevant to claim(s) No. relevant passages ( 가운데정렬 ) Further documents are listed in a continuation Box C. * Special categories of cited documents: A document defining the general state of the art which is not considered to be of particular relevance E earlier application or patent but published on or after the filing date L document which may throw doubts on priority claim(s) or which is cited to establish the publication date of another citation or other special reason (as specified) O document referring to an oral disclosure, use, exhibition or other means P document published prior to the filing date but later than the priority date claimed T later document published after the filing date or priority date and not in conflict with the application but cited to understand the principle or theory underlying the invention See patent family annex. X document of particular relevance; the claimed invention cannot be considered novel or cannot be considered to involve an inventive step when the document is taken alone Y document of particular relevance; the claimed invention cannot be considered to involve an inventive step when the document is combined with one or more other such documents, such combination being obvious to a person skilled in the art & document member of the same patent family Concerning enclosed non-patent literature: This is a free copy for personal use only. Transmission to a third party is explicitly forbidden. Name and mailing address Korean Intellectual Property Office, Gov. Complex Daejeon, 189, Cheongsa-ro, Seo-gu, Daejeon, 35208, Republic of Korea Facsimile No. : Patent Examiner Name : 9 fonts( 볼드체 ) Authorized officer Name : SEO, Eulsoo Title : Supervising Examiner Signature: & Seal: Exam. R. 1/2 Exam. R. 1/

12 SEARCH REPORT (Explanations) Application No. UAE/P/ 자동입력 Application No. SEARCH REPORT Box I, II & III Box I. Observations where certain claims were found unsearchable (continuation of item 1 of first sheet) UAE/P/ 자동입력 This search report has not been established in respect of certain claims for the following reasons: Claims No(s).: ( 볼드체 ) because they relate to subject matter not required to be searched: Claims No(s).: ( 볼드체 ) because a meaningful search in relation to them is not possible: Box II. Observations where unity of invention is lacking (continuation of item 2 of first sheet) Multiple inventions were found in this application, as follows: Accordingly, this report only covers inventions set forth in claim(s). ( 볼드체, 2 줄 ) Box III. Text of the abstract (continuation of item 5 of first sheet) Exam. R. 1/4 Exam. R. 1/

13 SEARCH REPORT Information on patent family members Application No. UAE/P/ 자동입력 This annex lists the patent family members relating to the patent documents cited in the search report. The members are as contained in the ekompass(kipo internal) file. The Office is in no way liable for these particulars which are merely given for the purpose of information. Patent document cited in search report Publication date 9 fonts 9 fonts ( 가운데정렬 ) Patent family member(s) Publication date 9 fonts 9 fonts ( 가운데정렬 ) SEARCH REPORT Information on patent family members Patent document cited in search report Publication date 9 fonts 9 fonts ( 가운데정렬 ) Application No. UAE/P/ 자동입력 Patent family member(s) Publication date 9 fonts 9 fonts ( 가운데정렬 ) Patent family annex Patent family annex

14 SEARCH REPORT Application No. UAE/P/ 자동입력 Supplemental Box SEARCH REPORT Supplemental Box Application No. UAE/P/ 자동입력 In case the space in any of the preceding boxes is not sufficient. Continuation of: In case the space in any of the preceding boxes is not sufficient. Continuation of: Exam. R. (Supplemental Box) Exam. R. (Supplemental Box)

15 EXAMINATION REPORT NAME OF THE EXAMINATION OFFICE : KOREAN INTELLECTUAL PROPERTY OFFICE Application No. UAE/P/ (( 볼드체, 자동입력 )) Applicant ( 볼드체 ) Application filing date ( 볼드체 ) (Earliest) Priority date ( 볼드체 ) 1. This is the first second third examination report on this application. 2. This report consists of a total of pages. 3. This report contains indications relating to the following items: I. Basis of the report...(page Ex. R. 2/2) EXAMINATION REPORT Application No. UAE/P/ 12 fonts( 볼드체, 이하자동입력 ) Box I. Basis of the report (See page Exam. R. 2/1) 1. This report has been drawn on the basis of: the application as transmitted with the request from the UAE MOE the description, as transmitted with the request from the UAE MOE with application of amendment before the 1 st report after transmission amendment after the 1 st report amendment after the 2 nd report the claim(s), as transmitted with the request from the UAE MOE with application of amendment before the 1 st report after transmission amendment after the 1 st report amendment after the 2 nd report II. III. Priority...(page Ex. R. 2/2) Non-establishment of opinion with regard to novelty, inventive step and industrial applicability; (page Ex. R 2/3) the drawings, as transmitted with the request from the UAE MOE with application of amendment before the 1 st report after transmission amendment after the 1 st report amendment after the 2 nd report IV. V. VI. VII. Lack of unity of invention...(page Ex. R. 2/4) Reasoned statement with regard to novelty, inventive step or industrial applicability; citations and explanations supporting such statement...(page Ex. R. 2/5) Certain documents cited...(page Ex. R. 2/6) Certain defects in the specification and drawings...(page Ex. R. 2/7) 2. The marked amendment(s) was(were) not accepted, since they have been considered to go beyond the original disclosure as indicated below. amendment before 1 st report after transmission amendment after 1 st report amendment after 2 nd report (observation) ( 최소 6-7줄이상 ) 4. The search report used was served by the Korean Intellectual Property Office. The search report(s) used to prepare this Examination Report is(are) previous search report(s) new search report Box II. Priority (See page Exam. R. 2/1) Name and mailing address : Korean Intellectual Property Office, Gov. Complex Daejeon, 189, Cheongsa-ro, Seo-gu, Daejeon, 35208, Republic of Korea Facsimile No Patent Examiner Name : 9 fonts( 볼드체 ) Authorized officer Name : SEO, Eulsoo Title : Supervising Examiner Signature: & Seal: 1. Accepted as mentioned on page Exam. R. 2/1 according to Request Form Priority Certificate 2. All or part of priority claims are invalid as specified below: ( 최소 4 줄이상 ) 3. Thus for the purposes of this report, is considered to be the relevant date. Exam. R. 2/1 Exam. R. 2/

16 EXAMINATION REPORT Application No. : UAE/P/ 자동입력 Box III. Non-establishment of opinion with regard to novelty, inventive step and industrial applicability (See page Exam. R. 2/1) The questions whether the claimed invention appears to be novel, to involve an inventive step (to be non-obvious), or to be industrially applicable have not been examined in respect of: the entire application. EXAMINATION REPORT Application No. UAE/P/ 자동입력 Box IV. Lack of unity of invention (See page Exam. R. 2/1) 1. Multiple inventions were found in this application, as follows: claim(s) No(s). : ( 볼드체 ) because : the application, or the claims No(s). relate to the following subject matter which does not require search : ( 이유기재, 7 줄까지기재가능 ) the application, or the claims No(s). are not amenable to a meaningful search as they do not meet the requirements set up by UAE : Due to above mentioned reason, no search report has been established for claim(s) No(s). ( 청구항기재, 2 줄 ) 2. Consequently, the following parts of the application relating to claim(s) No(s). were the subject of examination in establishing this report. ( 청구항필요시추가기재, 2 줄 ) Exam. R. 2/3 Exam. R. 2/

17 EXAMINATION REPORT Application No. UAE/P/ 자동입력 Box V. Reasoned statement with regard to novelty, inventive step or industrial applicability; citations and explanations supporting such statement (See page Exam. R. 2/1) EXAMINATION REPORT Application No. UAE/P/ 자동입력 (continuation of Box V.) 1. STATEMENT Novelty (N) Claim(s) 가운데정렬로기재 YES Claim(s) 가운데정렬로기재 NO Inventive step (IS) Industrial applicability (IA) Claim(s) 가운데정렬로기재 YES Claim(s) 가운데정렬로기재 NO Claim(s) 가운데정렬로기재 YES Claim(s) 가운데정렬로기재 NO 2. CITATIONS AND EXPLANATIONS Exam. R. 2/5 Exam. R. 2/

18 EXAMINATION REPORT Application No. UAE/P/ 자동입력 EXAMINATION REPORT Application No. UAE/P/ 자동입력 Box VI. Certain documents cited (See page Exam. R. 2/1) 1. Certain published documents Application No. Patent No. ( 볼드체 ) Publication date Filing date Priority date (valid claim) Box VII. Certain defects in the specification and drawings (See page Exam. R. 2/1) 2. Non-written disclosures Kind of non-written disclosure ( 볼드체 ) Date of non-written disclosure Date of written disclosure referring to non-written disclosure Exam. R. 2/6 Exam. R. 2/

19 EXAMINATION REPORT Application No. UAE/P/ 자동입력 Supplemental Box EXAMINATION REPORT Supplemental Box Application No. UAE/P/ 자동입력 In case the space in any of the preceding boxes is not sufficient. Continuation of: In case the space in any of the preceding boxes is not sufficient. Continuation of: Exam. R. (Supplemental Box) Exam. R. (Supplemental Box)

20 UAE 출원번호 명 칭 우선권번호 기술분류 (IPC) UAE 선행기술조사보고서검색전략 출원일 우선권주장일 선출원의검색결과 ( 우선권주장이있는경우 ) 구분관련도문헌번호청구항인용문헌 PCT 국제조사보고서 미국특허청 X US B Y US B2 4-6 Y JP B1 4-6 Y US B Y US B2 1-6 검색 DB 검색식인용문헌 KOMPASS 1 2 (( 미용 * 화장품 * 코스메틱 * cosmetic* 피부 * 스킨 *skin*) ( 하이드로겔 * hydrogel* hydro-gel* (( 하이드로 hydro) adj ( 겔 * 젤 * gel*))).cla. and (adhesi* tack* cling* cohesive* sticky*adher*) and (np700 np-700 np600 np-600)) ( 미용 * 화장품 * 코스메틱 * cosmetic* ) and (adhesi* tack* cling*cohesive* sticky* adher*) and ( 하이드로겔 * hydrogel* hydrogel*(( 하이드로 hydro) adj ( 겔 * 젤 * gel*))) and (np700 np-700 np600 np-600) 구글 1 "np700" OR "np600" OR "np 700" OR "np 600" cosmetic 3 4 Yes: 1-5, No: 6-7(D1), 8-10(D2) Yes: 구성대비표 No: 1-5(D1+D2), 6-7(D1), 8-10(D2) Yes: 1-15 No: 없음 - 본원에기재되어있는종래기술중본원발명의해결방안을설명하기위해필요한 종래기술을요약 - 종래기술이기재되어있지않은경우에는 해당없음 이라고기재 - 본원에서밝히고있는종래기술의문제점또는해결하고자하는과제를요약 - 종래기술의문제점또는해결하고자하는과제를해결한본원발명의핵심적인 기술적구성또는수단을요약 문헌번호 - D1의기술분야 문헌번호 - D2 의기술분야 인용문헌리스트 관련도문헌번호본원청구항 X 1 US B2 1-5 Y 2 US B2 6 Y 3 EP B1 6 A 4 KR A 독립항의경우본원구성을누락없이정확히구성대비해주어야함 - 다만, 본원구성기재는심사관이파악가능한수준에서간소화가능 독립항검토의견 : 신규성 진보성판단에조사원이채택한논리를기재하되, 심사에참고할만한사항도기재가능 - 예1) 본원발명과인용발명과의차이점 / 동일점 - 예2) 차이점도출이용이한 / 곤란한이유 - 예3) D1과 D2의결합의용이성 / 곤란성 - 예4) 기술용어의설명등 조사자 조사팀장 소속 성명 소속 성명 연락처 연락처 Tel : Fax : Tel : Fax : - 종속항의경우필요에따라기술적특징을공유하는항들을묶어서대비가능 - 본원구성기재는심사관이파악가능한수준에서간소화가능

21 gfedcb gfedc gfedcb gfedc gfedcb gfedc gfedcb gfedc gfedcb gfedcb gfedcb gfedcb gfedc gfedc gfedc gfedc

23 2019 년 UAE 특허심사대행사업 계약특수조건 특허청 특허심사기획과 - 2 -

28 특허청정보공개운영규정 별표 1 [ 시행 ] [ 특허청훈령제 911 호, , 일부개정 ]

31 1) 각호의업무예시 : 고객만족도조사업무, 회원가입및운영업무, 사은품배송을위한이름, 주소, 연락처처리등 특허청 대전광역시서구청사로 189 특허청장 ( 인 ) 2) 개인정보의안전성확보조치기준 ( 행정안전부고시제 호 ) 및 개인정보보호법 제 26 조에따라개인정보처리자및취급자는개인정보보호에관한교육을의무적으로시행하여야한다 계약상대자 시 구 동 번지 성명 : ( 인 )

<C1A4BAB8B9FDC7D031362D335F3133303130322E687770>

<C1A4BAB8B9FDC7D031362D335F3133303130322E687770> 권리범위확인심판에서는 법원이 진보성 판단을 할 수 없는가? Can a Court Test the Inventive Step in a Trial to Confirm the Scope of a Patent? 구대환(Koo, Dae-Hwan) * 41) 목 차 Ⅰ. 서론 Ⅱ. 전원합의체판결의 진보성 판단 관련 판시사항 1. 이 사건 특허발명 2. 피고 제품 3.