Renovation of the
National Patent Attorney Examination
(The Patent & Trademark
Newspaper on December 5,2022)
Myung Shin Kim
Advisor, The Korean
Patent Attorneys Association
The
59th National Patent Attorney Examination result in 2022 has been announced.
The
number of successful candidates is 210. When analyzing the specialties of the
successful candidates in 2022, it shows that 74 people majored in chemistry,
pharmacy or biotechnology, 56 people majored in
mechanics or metallurgy, 40 people majored in
electricity or electronics, 66 people majored in civil engineering,
architecture, or industrial engineering, and 29 people majored
in other fields.
In
comparison, when analyzing the specialties of the 235
people who passed in 2012, it shows that 105 people majored in
electricity or electronics, 66 people majored in chemistry,
pharmacy, or biotechnology, 41 people majored in
mechanics or metallurgy, and 23 people majored
in other fields. From these statistics, we can see that the number
of successful candidates who majored in electricity or electronics has
greatly diminished from 2012 to 2022.
Obviously, to
deal with strong international competition, the Korean government should select
outstanding talents who majored in various technical fields to train
as experts in industrial property. However, even though we now need more
experts majoring in electricity and electronics rather than chemistry, pharmacy,
and biotechnology, we see a result contrary to the social
need. Even if the social need prefers the electricity and electronics
fields, if we change the examination system every time to follow
such need, it will bring about a serious legal problem. Under these
circumstances, we must renovate the national patent attorney examination system
that currently does not consider the social need.
As
I have heard, for people who majored in the chemistry field, it is
very difficult to get a job. On the other hand, for people who
majored in the electricity field is easy to get a job. Thus, among the
candidates for the patent attorney examination, the number of people
who majored in the electricity field is small compared with that
of those who majored in the chemistry field.
Further,
the score of the elective subject does not apply to the total scores, whereas
this score applies only to the pass-fail test. Whether or not a candidate
passes or fails the examination depends on the scores of the required subjects.
The government must set up a master plan for providing outstanding talents
reasonably in each technical field following the social need. If we listen to
the examinee's
opinion, most have favored copyright law or design
protection law as an elective subject for examination.
Now, I propose that
we change copyright law from one of elective subjects
to a required subject. The examinee would
select only one from the elective subjects, and the total scores of the required
subjects and elective subject would apply to the scores of the
successful candidate. I would do this because, currently, there is no
certified expert on copyright matters. If these changes are made, a patent
attorney would become a certified expert on industrial property and copyright.
In
the digital industrial era we now live in, there is no practical benefit
to distinguishing between the protection of industrial property
and copyright. Many countries have set up Intellectual Property
Offices that handle Industrial Property and Copyright together
to bring a synergy effect to the intellectual property policy. Based
on this background, I propose renovating the national
patent attorney examination.
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