EP Unitary Patent (UP), Unified Patent Court (UPC) and OPT-OUT

 

  June 1, 2023, the European Unitary Patents (UP) and the Unified Patent Courts (UPC) were launched. In 2013, European countries already agreed to the integration of their intellectual property rights systems to support the free movement of technology within the region in order to create European unitary market. However, after 10 years of difficulties in integrating opinions from each country, the first step was finally taken to implement the UP/UPC system. The UP/UPC system is groundbreaking in that it allows patent registration and rights enforcement in 17 European countries at once. In other words, 17 countries are effectively considered one country.

(17 ratifying countries: Austria, Germany, Netherlands, Belgium, Portugal, Bulgaria, Italy, Slovenia, Denmark, Latvia, Sweden, Estonia, Lithuania, Finland, France, Luxembourg, Malta)

<Advantages and disadvantages of Unitary Patent>

('Comensation' means, if the European patent application and examination request are submitted in a language of an EPC contracting state other than English, French or German, small and medium-sized businesses, natural persons, non-profit organizations, universities and public research institutions residing in EU member states will be entitled to a compensation system of EUR500 compensation)

Unified Patent Court

  The Unified Patent Court will have comprehensive jurisdiction over all matters related to the legal relationship of European patents, including infringement and invalidation lawsuits as well as damages and license. Not only unitary patents, but also current EP patents are the subject of the Unified Patent Court. The effect of the Unified Patent Court's ruling on general EP patents extends to all member states in which the European patent is registered. In other words, the effect of the Unified Patent Court's ruling will be uniform in all regions where the EP patent in question is registered. Accordingly, if an invalidation suit for a general EP patent is filed in the Unified Patent Court and the Unified Patent Court declares invalidity, the patent becomes invalid in all countries where the patent is registered.

Consideration of OPT-OUT

  If an invalidation lawsuit is filed through the Unified Patent Court and the patent is invalidated, the entire patent in the designated country may become invalid, so it is necessary to consider opting out to prevent this. If a patent in one of the 17 UP/UPC ratifying countries becomes invalid, the entire family patent becomes invalid. To prevent this, OPT-OUT is needed. If you opt out, the family patent will remain valid as a separate patent in each country. In other words, since a family patent is not treated as a unitary patent, even if a patent in one country becomes invalid, it does not take effect in other countries.

  Meanwhile, for registered patents in effect in EU member states, if they do not opt out, the parallel jurisdiction of individual European courts and the UPC will be approved. Therefore, both patent litigation in individual country courts and the UPC are possible. Even if you opt out, you can OPT BACK-IN only once and return exclusive jurisdiction to the UPC.

< Types of EP patent rights according to implementation of Unitary Patent and Unified Patent Court system >

 WIPS Global newly provide the information on Unitary Patent and Unified Patent Court. Let’s take a look what features you can use to check the information.

wipsglobal.com> Field Search

  You can add the ‘Unified Patent Court’ search field in the settings of Field Search. When you add a search field, four check boxes are displayed: Unitary Patent, OPT-OUT, Delete after OPT-OUT and Withdrawal after OPT-OUT.

wipsglobal.com> Field Search

‘TIP’ guides users for detailed explanations for each type.

wipsglobal.com> Search Result Filter

  You can also check the ‘Unified Patent Court’ item in the Search Results Filter. Likewise four types of rights are displayed.

wipsglobal.com> View Details

  In the View Details, you can see the type of right of the EP patent, and in the case of Unitary Patent, more details of the patent is provided through the EPO link.

wipsglobal.com> View Details

  In ‘Legal Info.’ Tap of the View Details, you can check the relevant information of the EP patent. For Unitary Patent, EPO link is connected as well.

wipsglobal.com> Download center

  The ‘Unified Patent Court’ is available for download. Special Field of the Download page, you can select the Unified Patent Court field and download it as an Excel format.

  So far, we have learned about Unitary Patent, the Unified Patent Court, and OPT-OUT, and have looked at what has been provided from WIPS Global. This new service feature on the Unitary Patent and Unified Patent Court will be very useful in understanding the status of the applicant, the corresponding country and the importance of patent technology. We hope that the new service of the WIPS Global will help you get more accurate information of the EP patents.

[International IP Briefing] Korea, China

 

KR

Ministry of Culture, Sports and Tourism opens the world’s first experiential ‘Copyright Museum’

 Nov. 22, 2023, the Korean Ministry of Culture, Sports and Tourism, in collaboration with the Korea Copyright Commission, opened the world's first experiential ‘Copyright Museum’ in Jinju Innovation City.

Main contents of ‘Copyright Museum’

 Copyright Museum was established as part of a project to provide copyright culture-based education and experience facilities. It consists of a program that allows young people to learn that anyone can become an author and that copyright is a valuable right of creators through hands-on experience using digital technology.

 The 1st floor displays valuable copyright materials and allows visitors to directly see and feel copyrights in each field, including language, music, video, photography, art, computer programs, shapes, architecture, and theater. In particular, a choreography (dance) experience room was set up and 3D character videos using sound sources and choreography donated by singer Lee Young-ji, YG Entertainment Co., Ltd., Harmonize (music group), and 1Million Co., Ltd. were shown, allowing teenagers to have fun following along in a playful way.

 In addition, a space where teenagers can participate in creating something new is installed, with cameras, a blue screen for compositing, and a kiosk table for creating and editing. There is also a space equipped with a large screen of about 350 inches so that teenagers can appreciate the creations made in the experience space and understand the creators and users at the same time.

 The 2nd floor offers a variety of educational and cultural programs. A total of 9 types of educational programs are offered, including exhibition-related education (2 types), digital creative education (3 types), and art-type creative education (4 types) in connection with the exhibition experience program on the 1st floor.

Contents of "Copyright Museum"

< Source >

https://www.kiip.re.kr/board/trend/view.do?bd_gb=trend&bd_cd=1&bd_item=0&po_item_gb=&currentPage=3&po_no=22472

 

 CHINA

Chinese company Tongfang CNKI discloses patent of AI-generated text detection to prevent AI ghostwriting

 On December 5, 2023, A Chinese IT media reported that a patent, ‘One-class AI production and development method’ was revealed that Tongfang Zhiwang, the majority shareholder of Zhiwang (CNKI), China's largest academic information database, applied for.

 Next-generation AI technology, represented by ChatGPT, is developing at a rapid pace and is having a particularly groundbreaking impact on student education and publishing models. Some authors in the academic industry are using AI to assist in writing papers, and even AI ghostwriting is emerging.

 Details of this patent

 According to patent information disclosed on the Aiqicha (爱企查), a corporate information query tool, this invention is a technology that can automatically determine whether the text being detected is AI-generated text, and is said to have the advantage of high accuracy of results as it is not subject to subjective influence from humans (e.g., tester).

 The specific method by which the invention detects AI-generated text

1. Enter the text to be detected into the classified model and measure the first probability value that the text is an AI-generated text.

2. Obtain deviation characteristics based on the text and target loss function 1)

3. Obtain the diffusion characteristic value of the text based on the text, prediction model, and pre-designed dictionary.

4. Obtain sentence length characteristics and word distribution characteristics of the text.

5. Apply deviation characteristics, diffusion characteristic values, sentence length characteristics, word distribution characteristics, etc. based on the first probability value.

clipartkorea.co.kr

 1) A loss function is that determines an estimation and prediction model and mathematically expresses how well this model estimates and predicts data. (Source: Glossary of Information and Communication Technology Terms)

  

< Source >

https://www.kiip.re.kr/board/trend/view.do?bd_gb=trend&bd_cd=1&bd_item=0&po_item_gb=&po_no=22494

The 4th Industrial Revolution, Internet of Things (IoT), and future challenges

 

 We are living in the era of the 4th Industrial Revolution. The word ‘smart’ is added to the front of most electronic devices, and connecting devices in different spaces has become a daily routine and a virtue for efficient work processing. The Fourth Industrial Revolution, first claimed by Klaus Schwab, the founder of the World Economic Forum, in an article for Foreign Affairs in 2015, is no longer a world of imagination or unknown territory. In this way, the 4th Industrial Revolution has penetrated deeply into our lives, but the reality is that the social foundation to welcome the new trend has not yet been established. In this issue, we will look at the definition and current status of the 4th Industrial Revolution and its representative technology, the Internet of Things (IoT). And with the advent of a new paradigm, let's look at the problems we face and the challenges that need to be solved.

  The 4th Industrial Revolution, smart connecting to the world

 The 4th Industrial Revolution, also known as the next-generation industrial revolution, is a name that expresses major technological trends observed across various technological fields. The 4th Industrial Revolution includes various technologies such as the Internet of Things (IoT), which has led technological trends with its emergence, cloud computing, and artificial intelligence. These technologies make it possible to smartly connect multiple objects and utilize them to their full potential. That is why the 4th Industrial Revolution is called the era of hyper-connectivity, hyper-intelligence, and hyper-convergence.

 The term ‘Industrial Revolution’ captures the overwhelming penetration and destructive potential of the latest technologies. The previous industrial revolution achieved automation of repetitive physical labor, but the 4th Industrial Revolution goes further. The 4th Industrial Revolution implements large-scale automation of all tasks, including repetitive intellectual labor. Furthermore the 4th Industrial Revolution can greatly improve efficiency and flexibility in the producting process, as well as enhance the value of goods and services. The transition to ‘smart’ factories that operate autonomously without human physical labor has already been recognized as an important challenge in many countries, including Europe.

*Intellectual labor: As opposed to physical labor, it refers to knowledge-based, intellectual work.

 “ A world that changes with technology “

clipartkorea.co.kr

  Under the development of the 4th Industrial Revolution, smartly connected objects are changing the paradigm of existing transportation (ex. autonomous vehicles), energy (ex. smart grid), cities, medicine, and agriculture. Behind this development, there are also economic and social problems that appear one by one, just like the industrial revolution in the past. For example, the automation of intellectual labor requires that the meaning of human labor be redefined and its value established in line with technological trends. Also, new jobs are created and existing jobs disappear that shakes the balance of the labor market.

 Change is spurring companies to rethink their business models and adapt to new forms of competition. In addition, policymakers in each country are tasked with forming a foundation and system so that all economic entities can adapt to the new trend. The details of the task are as follows.

 <Tasks of the 4th Industrial Revolution>

. Design workforce training and investment methods to enable workers to adapt to new trends

. Design ways to support and regulate new digital infrastructures

. Design a Legal Framework to Compete in the Digital Age

. Design appropriate legal frameworks to protect cyber security and consumer rights

clipartkorea.co.kr

Technology trends in Internet of Things (IoT)

  The 4th Industrial Revolution is also called the Industrial Internet of Things (IIoT). It can be said to be a name that shows the influence of the Internet of Things, which has led the 4th industry. The Internet of Things is broadly divided into the following three categories.

 <3 types of IoT technologies>

. Core technologies: Technologies that can transform any object connected to the Internet into a smart device.

. Enabling technologies: Technologies with legitimate utility used with connected objects (analysis, security, artificial intelligence, location, power supply, 3D systems, user interface)

. Application domains: Areas that can utilize the potential of connected things (home, individual, business, manufacturing, infrastructure, vehicle)

  Over the past three years, the growth rate of patent applications for the Industrial Internet of Things (IoT) has been 54% (see Table 1), exceeding the overall patent application growth rate of 7.65% over the past three years. In particular, in 2016, more than 5,000 inventions related to autonomous driving objects were filed with the European Patent Office, proving that the Internet of Things is a trending technology. Among them, the 3D system artificial intelligence and user interface fields have grown the fastest over the past three years, and the number of corporate filings in application fields closely related to these technologies accounted for the largest portion of the total number of applications related to IoT technology.

 The increase in IoT inventions all occurred in three categories: core technologies, enabling technologies, and application domains. While application domains and core technologies account for a large proportion of inventions, the number of inventions related to enabling technologies is considerably small (see Table 1). In addition, in recent years, the number of inventions of core technologies has grown more rapidly, almost outpacing the number of applications.

Patent application patterns in the 4th Industrial Revolution

  Of the 20 companies that account for 42% of all industrial Internet of Things (IoT) patent applications filed with the EPO from 2011 to 2016, most are located in Asia (see Table 2). In addition, innovation in core technologies is mainly achieved by a small number of large companies focusing on information and communication technology (ICT). On the other hand, in the field of enabling technologies and application domains, applications are not concentrated only in large companies, and the top applicants in this field include not only large companies but also companies from various industries.

  Since the mid-1990s, Europe, the United States, and Japan have been hotspots for industrial Internet of Things (IoT) technology innovation. Large companies from various fields in Europe, the United States, and Japan are major applicants in the IoT enabling technologies field. In Korea and China, IoT innovation began later than in the countries above, and to date, a small number of information and communication technology (ICT) companies are leading the IoT industry. It is a familiar fact, but in Korea, LG and Samsung control 90% of IoT application domains, and in China, Huawei and ZTE control 70% of the 4th Industrial Revolution patents.

 The 4th Industrial Revolution in Europe tends to be concentrated in Munich and Paris. France and Germany are the two most key countries in the technological development of the 4th Industrial Revolution. Germany, which has been at the forefront of the 4th Industrial Revolution since the late 1990s, has stood out in the manufacturing, vehicle and infrastructure sectors. Additionally, the technology profiles of Nordic countries, including France and Benelux, mainly showed specialized technologies in artificial intelligence, user interface, 3D processing, and security. Philips (Netherlands), Nokia (Finland), and Ericsson (Sweden) are the representative leaders for those technologies.

*Benelux: A general name for three countries, derived from the initials of three countries: Belgium + Netherlands + Luxembourg.

 And future challenges

  The development of IoT is expected to accelerate the advent of the 4th Industrial Revolution. The technologies of the 4th Industrial Revolution are already beyond what the existing legal system can respond to. For example, although it is claimed that self-driving cars are statistically safer than those driven by humans, the probability and occurrence of an accident cannot be ignored. However, criminal and civil legal liability in the event of an accident has not yet been clearly defined. Therefore, we need a legal system and regulations on responsibility that can hold the responsible party accountable. Going one step further, society will need to legally consider cases where software and networked devices can each become their own economic entities using distributed ledger technology.

clipartkorea.co.kr

“What is Distributed Ledger Technology?”

 *Distributed Ledger Technology (DLT): Distributed network participants use encryption technology to jointly distribute the ledger on which transaction information is verified and agreed upon. As a management technology, it doesn’t require central administrator or central data repository. Additionally, to increase the reliability of data management, all participants within the distributed network replicate and share transaction information with each other according to the consensus algorithm. Because this transaction information is distributed and managed, counterfeiting can be prevented, and the representative implementation of this distributed ledger technology is blockchain.

*Refer to Naver Encyclopedia and Dictionary of IT Terms (provided by Korea Information and Communication Technology Association)

  A representative example of this distributed ledger technology is the protocol for the cryptocurrency IOTA, issued by the German non-profit foundation IOTA. IOTA is an upgraded version of existing blockchain technology and is a distributed ledger developed to process, execute, and settle transactions between devices required to implement the Internet of Things. IOTA achieves decentralization based on a consensus protocol that does not require central administrators. IOTA is operated by a proprietary technology called Tangle. This technology does not require separate miners and has the great advantage of no remittance fees because traders directly act as miners.

iota.org

iota.org

  In this way, we looked at the concepts of the 4th Industrial Revolution and the Internet of Things (IoT), which are familiar terms but difficult to define, and the future tasks we must prepare for. As in the text, issues such as ‘jobs that will be in the spotlight in the future and jobs that will disappear’ and ‘liability and legal basis in case of accidents’ are already actively being debated. We will need to pay attention to how workers who lose their jobs will adapt to the new technological environment, how technology and consumer rights protection laws will be established more systematically and fairly, and how cyber security technology will be strengthened. We hope that not only technology but also systems that respond to change will develop in a balanced manner so that everyone can happily welcome the wave of the 4th Industrial Revolution.

 

------------------------------------------------------

. In the text, the contents of 'The 4th Industrial Revolution, connecting the world smartly', 'Technological trends of the Internet of Things (IoT)', 'Patent applications in the 4th Industrial Revolution', 'And future challenges (first paragraph)' are excerpted and referenced from Patent management: Protecting intellectual property and innovation 2021, Oliver Gassmann, Martin A, Bader, Mark James Thompson, Springer. And the other contents were written by WIPS.

. Korea Information and Communication Technology Association “Distributed Ledger Technology” – Refer to Naver Encyclopedia IT Glossary (Distributed Ledger Technology (naver.com))

 

The combination of reading and technology, let’s flip through the pages in a trendy way!

 

 

  As video content that pours out useful information and enjoyment just by looking at the screen for a moment has become a trend, reading seems to have become a slow and old-fashioned hobby and an annual event that occurs only a few times a year. At one time, they were considered the epitome of analog, but amidst the unstoppable trend, books began to reach the public wearing digital clothing. Recently, many publishers and book-related platforms are applying 4th industrial revolution technologies such as AR (augmented reality) and AI (artificial intelligence) to book reading, stimulating the public's desire for reading in more diverse ways.

clipartkorea.co.kr

  In this issue, we will take a look at reading-related technologies and patents that have advanced beyond paper books and e-books!

 A world in books realized through augmented reality (AR)

  Woongjin Thinkbig, a Korean company leading the publishing and education markets with differentiated content, has applied for a patent for reading education based on augmented reality. This technology, titled 'System and method for supporting reading by linking additional content to book', is called an interactive book that interacts with the reader and is called 'AR Secret Science'. It was released as a children's product.

Woongjin ThinkBig AR Secret Science
<Source: Newsis/Woongjin ThinkBig>

  The invention connects a smart device and a book, and links a marker (paper pointer) that shows augmented reality content to a paper book. At this time, users can put their voice and face on the paper marker and combine it with the story of the paper book. Additionally, by moving the paper marker, you can experience various AR effects such as tests and images, as well as 3D images, videos, and sounds.

wipsglobal.com
KR10-2222599, titled "System and method for supporting reading by linking additional content to book"

  Through Woongjin ThinkBig's reading technology, readers can indirectly experience concepts in books that are difficult to understand using AR, and can engage in two-way and active communication with the book rather than simply reading it.

We recommend books based on the probability of complete reading.

  Since e-books became popular, the public has been able to easily access various types of books, including the latest web novels, books that are not in stock at libraries, books that have already been borrowed, and books that are out of print. However, even though the number of available e-books increases, the number of e-books that the average reader can read in everyday life is limited. Therefore, there has been a steady demand for a service that allows users to select specific e-books they prefer.

  ‘Millie, Korea’s largest reading platform, provides book information in a more advanced way by complementing the limitations of current technology.

Millie's logo

 Current book information provision methods and limitations

 The way to provide the new book information and improvements

wipsglobal.com
KR10-2412447, titled "Method for providing information on E-book and server using the same"

  In order to actively solve current limitations, Millie applied a patent for a new technology that complements the problems. This invention additionally provides complete reading probability information and expected completion time information, which were not provided by current technologies. This helps users search and select e-books based on their own circumstances. Here, the complete reading probability information and the expected completion time information are provided by grouping other information about the e-book based on a specific user. For example, if we ‘obtain data on the average total pages, average viewing pages, and reading time of e-books read by teenage male users who enjoy novels,’ the information is grouped and provided to readers belonging to similar groups.

clipartkorea.co.kr

A paper book that is more comfortable to read with a reading pad that fits

  Despite the development of e-books and platform services, there are still many readers who prefer and insist on the uniqueness of paper books. Devices have also appeared to help those who enjoy the analogue nature of paper books read comfortably. Among them, we introduce the block reading table.

  Reading desks in the prior art have a fixed angle for the top or only 2 to 5 limited angles, making it difficult for people with different physiques such as height, neck, and waist length to use them. The configuration for adjusting the angle and height was complicate, so that made it difficult to use.

wipsglobal.com
KR10-2478465, titled "The block-type reading desk"

  This block desk is an invention that makes up for the above week points and has the advantage of allowing users to freely customize. It includes a top plate that supports books, a stand provided on the bottom of the top plate to support the lower part of the object, a support plate that supports the top plate, and a connecting part that adjusts the angle of the top plate. A right convex is formed on the right side of the connecting part, and a left concave inlet corresponding to the right convex is formed on the left side, so that multiple blocks are continuously fitted and coupled.

wipsglobal.com
KR10-2478645, titled "The block-type reading desk"

  By inserting multiple blocks in series like this, the angle of the top and the height of the stand that supports the bottom can be smoothly adjusted. Using this invention, you can maximize work efficiency by adjusting the angle and height as desired to suit your work environment, and you can read a book in the right posture for a long time, which has the advantage of reducing fatigue.

  This time we learned about reading-related technologies that are creating new reading trends. It might be a good idea to take out books you haven't read before by using technologies that combine convenience and an analog feel. I hope that reading will continue to combine with new technologies and become a hobby that brings happiness and joy to many people over time.