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The Korean system is characterized by:
(a) First-to-File Rule;
(b) Publication of Unexamined Application; and
(c) Request for Substantive Examination
The procedures for registering a utility model is the same as that of patent except for some notification periods.
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(a) Applicant
Either the inventor or his or her assignee can file a patent application for the invention with KIPO. The applicant may be either a natural person or a juristic person.
(b) Documents Required
i) an application stating the name and address of the inventor and the applicant
(including the name of a representative, if the applicant is a juristic person),
the date of submission, the title of the invention, and priority data (if any);
ii) a specification setting forth the following matters: the title of the invention;
a brief description of drawings (if any); a detailed description of the invention; and claim(s)
iii) drawing(s), if any;
iv) an abstract;
v) if the right of priority is claimed, the priority document which is a certified copy of the priority
application together with its Korean translation; and
vi) a power of attorney, if necessary.
(c) Claim of Priority
In order to enjoy the priority right, an application should be filed in the Republic of Korea within
1 year from the filing date of the priority application. The priority document above mentioned
should be submitted within one year and four months from the priority date. If the priority
document is not submitted within that period of time, the claim of priority will become null and void
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We sincerely believe that Jeong, Kim & Lee Law Firm is able to grow and develop continuously
thanks to continuous trust of our clients. And, to meet our clients' various needs, we will make
every effort to maintain commitment to excellence incessantly.
Jeong, Kim & Lee and all staffs |
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(a) Request for substantive Examination
A patent application will be taken up for examination only if a request for examination is made
either by the applicant or by any interested party within 5 years (3 years for a utility model) from
the filing date of the application. If no request for examination is made within this five-year period, the patent application is deemed to have been withdrawn.
(b) Requirement for Registration
For a patent to be registered under the Patent Law, it should meet the following requirements:
i) It should fall under the definition of invention under the Patent Act,
ii) It should have Novelty, Industrial Applicability, and Inventive Step, and
iii) It should not fall into any of the categories of unregistrable patent prescribed in Article
38 of Patent Act. |
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If the examiner finds a ground for rejection of a patent application, a notice of preliminary rejection will be issued, and the applicant will be given an opportunity to submit a response to the
preliminary rejection within a time limit designated by the examiner. Such time limit is extendable
upon the request for an extension by the applicant.
In responding to the preliminary rejection, the applicant may file an argument with or without an
amendment to the specification and/or claims. If the examiner determine that the argument is
without merit and the ground for rejection has not been overcome, he will issue a notice of final
rejection of the patent application
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When a patent applicant receives a notice of decision to grant a patent he should pay, as a
registration fee, the first 3 years' annuities within 3 months from the date of receipt of such notice.
In case he fails to pay the registration fee within the three-month period the registration can still
be made by paying twice the usual fee within 6 months after the expiration of the three-month
period. Therefore, if the registration fee is not paid within 9 months from the date of receipt of
a notice of decision to grant a patent, the patent application will be deemed to have been
abandoned.
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Where the examiners finds no grounds for refusal of a patent application, KIPO publishes the
patent registration after the patent applicant pays the registration fee. Once a patent has been
published in the Patent Registration Gazette, any person may file an opposition against the
registration of the patent within 3 months from the publication date. However, the opposition
system will be abolished as from July 1, 2007. Instead of the opposition, the interested party will
be able to demand a trial for invalidation of a patent after the patent is published in the Gazette. |
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