File a patent application as early as possible In Korea, a person who files a trademark or patent application one day earlier will receive all the related rights. Then who would have the rights if two different individuals file similar trademark or patent applications on the same day? More and more every year, similar trademark or patent applications are filed on the same date. The number of such cases almost doubled for trademarks from 55 in 2004 to 97 in 2008, and for patent from 246 in 2004 to 458 in 2008. In particular, the number of cases in relation to patent trolls accounted for 114 (about 25%) in 2005, a recent surge, and entailed related damages. For trademark applications filed on the same date, the applicants negotiate the assignment of rights. If an agreement is not reached, the rights are granted to only one party by lot. In the case of patents, when an agreement is not reached, the rights are given to neither party. Instead, the patent is treated as a technology that can be freely used by anyone. Therefore, in some cases, a project spanning years can be wasted without any rights. Although it is important to establish a good brand and develop technology, the need to secure legal rights even a single day earlier cannot be ignored. Additionally, it is recommended that companies actively take advantage of the 'Brand, Design and Patent' rights acquisition and business support program provided by KIPO for those local small and medium sized companies that have difficulties in acquiring rights on their own. <Obtained from the website of KIPO (http://www.kipo.go.kr/kpo/eng); posted on July 21, 2010>