Tracking the growth of low-Carbon technology through patents: an interview with Kwon Goo-bum

Climate action starts from cutting-edge technologies that can reduce carbon emissions, but those technologies must first be granted patents to be commercialized. In Korea, the Ministry of Intellectual Property assesses whether newly invented technologies are truly innovative and significant and issue patents. Kwon Goo-bum at the Ministry's Intellectual Property Office, formerly known as the Patent office, discussed the growing development of climate-related technologies such as low-carbon agricultural machinery and the significant role that the Ministry plays in accelerating Korea's carbon reduction progress through registering new technologies.

How does the patent examination process work?

As you know, patents grant exclusive monopoly rights to the applicant. This contributes to future industrial development, as outlined in Article 1 of the Patent Act. Based on this, when someone invents something and files an application, we conduct an examination upon request.

The examination process first involves a formal examination to check for any defects in the documents. Then comes the substantive examination, where examiners like us look into the technical aspects and conduct the review. For example, suppose someone invents an object, let's say a simple example like a chair with four legs. If that chair with four legs is already known technology or has been registered, then if someone later adds a backrest to that chair and files a new application, we assess items like novelty and inventive steps.

So, the examination process involves looking at past technology to see if this invention is truly novel and inventive, checking if such technology exists, and confirming whether it meets the patent requirements.

So, going back to the chair example, if there was already a chair with four legs, and then someone made the legs slightly slanted, that doesn't have any special functional effect. It's just a slight angle adjustment, but since it doesn't add any special effect to the chair's fundamental function, it wouldn't be patentable. However, if someone added a backrest to the chair, that would enhance comfort by allowing the user to lean back while sitting. That's the kind of simple example we use to illustrate the examination process.

Recently in Korea, have you observed patent trends related to agricultural machinery or various fields, particularly concerning carbon neutrality or energy efficiency? In other words, are there people generating new ideas focused on carbon reduction?

Yes, that's right. Especially in agricultural machinery, the trend has been featured a lot in the news lately. It's called smart farming. With climate change and climate adaptation, growing crops outdoors is becoming increasingly difficult, right? To respond to natural disasters like sudden heavy rains or prolonged droughts, technologies related to smart farms, where crops can be grown in indoor spaces like factories, are increasing. And on top of that, for smart farming to be viable, it needs to be efficient.

Sensing technologies, environmental control systems, and robots that can operate without direct human intervention inside facilities are increasingly being applied. These ultimately boost efficiency and improve work methods or processes, leading to new inventions like patents for such technologies. Also, since internal combustion engines using oil cause significant environmental pollution, there's a growing trend of patent applications for electrified agricultural machinery. 

From the examiner's perspective, when granting patents for agricultural machinery or other new technologies aimed at reducing carbon emissions, what aspects do you focus on in your assessment?

First, as mentioned earlier, novelty and inventive steps constitute substantive examination. So, when such machinery is invented and an application is filed, it's crucial to first check if there are any prior examples. We also assess how significant the effect of that technology is. During the examination process, the key focus is discovering whether there are prior examples or technical features. We also examine whether the applicant's claims, such as energy reduction effects or process improvement effects, are sufficiently supported by data. We scrutinize these aspects throughout the examination.

Nowadays, for example, there are several types of similar agricultural machinery. Let's say there are three types. There's a basic shovel, just as an example. If its shape is slightly streamlined or something like that, it might minimize air resistance a bit when actually using the shovel for work, and you could say efficiency improves in such cases. So, when actually judging, the applicant claims their invention has advantages, right? If we find convincing arguments like “this improves efficiency” or “this makes work easier,” we don't just grant a patent, but we register it. So we determine the patent is registrable and issue the registration certificate.

Do you feel that examinations for technologies that are eco-friendly or help address the climate crisis are being conducted more frequently as ESG and the climate crisis become emphasized?

Well, that's actually a rather difficult issue. At the national governmental level, if there are inventions classified as carbon reduction or green technology, we operate a system called priority examination. So, once a patent application is filed, given the sheer volume of filings, you typically need to factor in about two to three years for it to go through the examination process and get registered. This means you must distinguish between filing and registration. While anyone can file an application, if you actually want to exercise rights over that patent, it must be registered.

A patent that isn't registered cannot hold patent rights. That's why we operate a priority examination system to help people acquire those rights quickly. For patents in classifications related to carbon reduction or green technology, if it's an invention, we can apply for priority examination under that system. So, at the national level, you could see it as a way to respond to climate change and such issues to some extent.

Are there actual cases where such preferential systems have made it easier for more climate-related technologies to pass and be applied in real life?

Based on my experience examining mechanical device patents, I can think of examples like using electricity to drive systems for fine dust reduction, or developing more powerful air quality filters. If there's a filter device that can reduce fine dust more effectively, that would be a technical feature. If such a device exists, or if there's supporting data showing its actual application, it might be easier to obtain a patent registration.

Looking ahead, I'm curious about how patents might evolve for new technologies or developments in the future. If new systems or significant changes emerge, could preferential treatment systems related to climate technology be better established? Or are there other methods besides preferential treatment systems?

Within our Intellectual Property Office itself, there are many training programs for examiners called new technology education courses. We actively encourage examiners to learn about new technologies not only in their own fields of interest but also in related areas. For instance, in my case, I also review some chemistry-related matters.

As you mentioned, there are many climate seminars, and within our agency, we encourage examiners to stay updated on the latest technological trends, not just green technology or carbon reduction. Therefore, to ensure examiners can respond effectively and conduct smooth reviews without falling behind, there are numerous training programs focused on new technologies. In fact, examiners are actively participating in these sessions. I believe topics like ESG, which were mentioned earlier, are also extensively covered within these programs.

The priority examination system itself is actually not that old when it comes to carbon reduction or green technology. Originally, the priority examination system was established for patents where the applicant is developing the invention professionally, meaning they are developing it as part of their business to produce and sell it, or for national institutions conducting research to quickly secure rights to that research, or for cutting-edge technologies. But recently, the system was formalized to allow applications for priority examination for environmental areas too.