United States Patent and Trademark Office OG Notices: 17 January 2006
Korean Intellectual Property Office to Act as
International Searching Authority and
International Preliminary Examining Authority for
International Applications Received by the USPTO
Effective January 1, 2006, the Korean Intellectual Property Office will
act as an International Searching Authority (ISA) and International
Preliminary Examining Authority under the Patent Cooperation Treaty for
international applications filed with the United States Patent and
Trademark Office (USPTO) as a Receiving Office provided that the
applications are submitted in the English language and the Korean
Intellectual Property Office is chosen as a competent authority by the
applicants of said applications.
The USPTO will collect the search fees from the applicants, and will
transmit the search fees to the Korean Intellectual Property Office. The
search fee for the Korean Intellectual Property Office acting as an ISA for
international applications received by the USPTO is $218 effective January
1, 2006. Any other fees necessary for search or examination or incidental
thereto will be paid by applicants directly to the Korean Intellectual
Property Office.
All correspondence between the Korean Intellectual Property Office and
the USPTO or the applicants will be in English.
The concluded agreement between the USPTO and the Korean Intellectual
Property Office for the establishment of the Korean Intellectual Property
Office as an International Searching Authority and International
Preliminary Examining Authority follows.
December 22, 2005 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
Agreement between the Korean Intellectual Property Office
of the Republic of Korea and the United States Patent and
Trademark Office Concerning Action of the
Korean Intellectual Property Office of the Republic of Korea
as an International Searching Authority and
International Preliminary Examining Authority under the
Patent Cooperation Treaty for International Applications
Received by the United States Patent and Trademark Office
Whereas an agreement between the Korean Intellectual Property Office of
the Republic of Korea (hereinafter called "KIPO") and the International
Bureau of the World Intellectual Property Organization (hereinafter called
"International Bureau") in relation to the establishment and functioning of
KIPO as an International Searching and International Preliminary Examining
Authority under the Patent Cooperation Treaty (hereinafter called "the
Agreement between KIPO and the International Bureau") was concluded on
October 1, 1997,
Whereas the United States Patent and Trademark Office (hereinafter
"USPTO") is desirous to have KIPO carry out the tasks as one of the
International Searching Authorities and International Preliminary Examining
Authorities under the Patent Cooperation Treaty, and
Whereas KIPO is willing to do so,
KIPO and the USPTO HAVE HEREBY AGREED as follows:
1. KIPO will act as an International Searching Authority and
International Preliminary Examining Authority under the Patent Cooperation
Treaty for international applications filed with the USPTO as Receiving
Office insofar as these applications are submitted in the English language
and insofar as KIPO is chosen as a competent authority, where applicable,
by the applicants of said applications.
2. KIPO will undertake the international search and international
preliminary examination pursuant to the provisions of the Agreement between
KIPO and the International Bureau, and will promptly notify the USPTO of
any amendment to said agreement.
3. The language of correspondence between KIPO and the USPTO or the
applicants will be English which is the language of the international
application concerned.
4. KIPO, upon request and against payment, will furnish the applicants
with copies of the documents cited in the international search reports and
the international preliminary examination reports.
5. (1) The fees and charges which KIPO is entitled to make in relation
to its function will be those set out in Annex C of the Agreement between
KIPO and the International Bureau, depending on the version of the
Agreement in force, as represented by Annex D of the PCT Applicant's Guide.
(2) The USPTO will collect the search fees from the applicants in the
U.S. dollar amount specified in Annex D of the PCT Applicant's Guide and
shall transfer said amount to the bank account in the Republic of Korea,
which has been communicated for this use.
(3) The USPTO will transfer the search fee to said bank account in
the Republic of Korea, by the end of the next month following the month in
which the search fee is received, and shall promptly notify KIPO of the
international filing date, the international application number, the name
and the address of the applicant and the date on which the search fee was
received.
(4) Any fee for copies of documents cited in the international search
report, additional international search fee, international preliminary
examination fee, additional preliminary examination fee, or any necessary
fee for search or preliminary examination will be paid by the applicant to
KIPO in the amount in the currency set out in Annex D or E of the PCT
Applicant's Guide.
6. (1) This Agreement will enter into force on January 1, 2006.
(2) The period of the validity of this Agreement will end upon
expiry of the Agreement between KIPO and the International Bureau, and
shall be extended with the eventual renewal of the said Agreement between
KIPO and the International Bureau.
7. This Agreement may be amended with the written consent of both
parties.
8. (1) This Agreement may be terminated by either party by written
notice addressed to the other party.
(2) The termination under the preceding paragraph will take effect
six months after receipt of the notice by the other party.
(3) KIPO shall act as the competent International Searching Authority
and the International Preliminary Examining Authority in accordance with
this Agreement upon international applications insofar as these
applications are received by the USPTO within six months after the receipt
of the notice under the preceding paragraph.
9. (1) Provisions under the Patent Cooperation Treaty, and the
Regulations and the Administrative Instructions under the Treaty, where
relevant, will apply to matters which are not provided for in this
Agreement.
(2) All other matters which cannot be interpreted by this Agreement
or under the preceding paragraph shall be resolved after consultations
between KIPO and the USPTO.
In witness whereof the parties hereto have executed this Agreement in
two originals in English, each text being equally authentic.
Signed in Alexandria, Virginia on December 19, 2005 and in Daejeon on
December 22, 2005.