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Why South Korean patent holders under the age of 5 are increasing
According to South Korea’s ‘Patent Situation By Age Report’, 159 out of 1,897 recorded patent holders are children below age five. The updated report released by the Korean Intellectual Property Office covers a period of 9 years from 2011 to 2020.
The rapidly increasing number of patent registrations by South Korean minors created a stir in Japan and was the subject of discussions on Japanese TV.
In 2020, 60 applications with names of children under 5 were filed with one having 6 patents registered to a single name. This number is 6 times higher compared to 2019. In Korea, patent registration by minors is not new. The trend started 16 years ago. Generally, the subject of patent applications filed in the country are IoT and technology-related.
The patent application system in Korea is relatively simple and can be done online without age restriction. There is no limit on the number of people on one application. One dad who used this to his advantage ended up getting his son into trouble.
The dad, a professor at a private university in South Korea was among the hundreds of parents who took advantage of the system. In August this year, he filed for a patent registration and made his son a co-holder for a research to which he was not a part of. After the professor’s son gained admission to a junior medical college - with the help of a patent acquisition, it later became clear that it was not his own academic ability that got him a patent registration. The son was later sued by the school and eventually sentenced to a 10- month jail term and a 2-year suspended sentence.
What does the Japanese law on patent say?
Article 49, No. 6 of the Japanese Patent Law prohibits a person other than the inventor or a person who owns the right to invention, from filing an application and obtaining a patent. In addition, a patent registration obtained by a person who has no legal ownership of subject invention will be made invalid according to Article 123, Paragraph 1, Item 6.
Article 49, No. 6 of the Japanese Patent Law prohibits a person other than the inventor or a person who owns the right to invention, from filing an application and obtaining a patent. In addition, a patent registration obtained by a person who has no legal ownership of subject invention will be made invalid according to Article 123, Paragraph 1, Item 6.
