Legal Q&A
Q
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Our company has developed a game that it made with much effort over a long time, and we are about to release it. However, during development, we applied new technology, so its operating method and principles are considerably different from those of existing online games. I would like to know whether, even in such a case, we can obtain patent registration from the Korean Intellectual Property Office and thereby acquire intellectual property rights.
Intellectual property rights
Infringement of intellectual property rights
Answer
Published:
Author : Kuk Il KIM
Under the Patent Act, one of the important requirements for an invention to be recognized for patent registration and application is the 'advanced nature of the invention'.
The 'advanced nature of an invention' means a high level of technology, and it must be something that a person with ordinary knowledge in the contemporary technical field could not easily invent.
For example, no matter how new website content may be, if it is created within the service provided by the site, it is difficult to regard it as technologically advanced, so it is not subject to a patent.
If you wish to file a patent application and obtain patent registration for an online game, it is important to properly prove that the subject is a new (novelty) and advanced (inventive step) technology.
In addition, if the technology is merely unknown domestically but has already been disclosed or commercialized abroad, it is difficult to regard it as new technology, so it cannot be subject to a patent.
In practice, when filing a patent application, you must attach and submit a specification, drawings, and an abstract, and this procedure can be carried out by the applicant directly or delegated to an agent (a patent attorney).
To grasp these matters in detail, it is advisable to obtain the assistance of an attorney in order to properly understand the legal issues of judgment concerning intellectual property rights and to prepare appropriate countermeasures.

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