Preface

The patent invalidation system in North Korea has distinct national characteristics, with significant differences in its legal framework, examination mechanism, and practical rules compared to countries such as China and Mongolia. The following is a systematic analysis based on the North Korean Invention Law (revised in 2017) and practical information:

1、 Legal Framework and Core Features

1. Legal Basis

Invention Law of the Democratic People's Republic of Korea (Revised in 2017)

Management organization: State Invention Bureau (SIB)

Establish an Invention Examination Committee responsible for invalid examination

2. Institutional nature: Administrative single track system, state intervention

Key features:

No judicial remedies available:The invalid decision of SIB is final and cannot be sued to the court (different from the China Mongolia system).

Prioritizing national interests:Patents involving "important national technologies" may be invalidated by SIB based on its authority (Article 42 of the Invention Law).

2、 Core rules for invalidation declaration

1. Reason for invalidity (Article 41 of the Invention Law)

Special restrictions:

Subject qualification: Only requests from interested parties or national institutions are allowed (the general public has no right to initiate).

Evidence requirements:

Korean language evidence must be submitted, and overseas documents must be authenticated by the North Korean embassy abroad.

We do not accept foreign patent office search reports as independent evidence (supplementary use is required).

2. Program flow

Review cycle:

On average, it takes 8-12 months (due to limited technical review resources, complex cases may be extended).

Confidentiality requirements:

Patents involving "state secrets" will not undergo invalidation procedures publicly, and the results will not be announced.

Cost of expenses:

The official cost is about 200-500 US dollars, but the cost of translation certification is high (accounting for over 60% of the total expenditure).

3、 Comparison with the Chinese system

4、 Practical Strategies and Risks for Enterprises

1. Key points for handling invalid requests

Evidence preparation:

Priority should be given to using publicly available evidence from North Korea, such as academic papers and product catalogs, to avoid relying on foreign materials.

If using international journals, their authenticity must be certified by the Korean Academy of Science.

Proxy requirements:

Foreign companies must entrust local patent agencies in North Korea (such as the Pyongyang International Intellectual Property Center).

2. Success rate and risk warning

Typical case:

In 2019, a Chinese pharmaceutical company applied for an invalid North Korean "ginseng extract patent", which was rejected due to lack of certification from the North Korean Academy of Sciences.

5、 Special field handling

1. Military/nuclear related patents

Completely excluding invalidity:

According to the State Secrets Law, patents related to national defense or nuclear technology do not disclose authorized information and do not accept invalid requests.

2. Agricultural/Medical Patents

Evidence focus:

Submit technical manuals or publications from the National Academy of Sciences for promotion and use in North Korea to demonstrate a lack of novelty.

6、 Institutional challenges and trends

1. Closed barrier:

SIB does not publicly review standards and decision documents, resulting in ambiguous application of rules.

2. Lack of international cooperation:

Not joining PCT or regional patent organizations makes it difficult to accept cross-border evidence.

3. Reform Trends:

The revised draft for 2023 plans to allow the introduction of third-party evaluations in some technical fields (which have not yet been implemented).

Suggestions for Enterprise Action:

Before laying out patents in North Korea: Conduct a local literature search in North Korea (consult Pyongyang Science and Technology Press).

Response to invalid requests: The patentee may submit a technical certification letter from the National Science and Technology Commission to enhance the stability of their rights.

Risk avoidance: Avoid invalidation of patents held by North Korean state-owned institutions (success rate approaching 0).

Note: There is limited information on patent practice in North Korea, and some data is estimated based on industry experience. Actual operation requires confirmation of the latest developments through local agencies.