Patents & Utility Models Application Procedure South Korea : Intellectual Property Office KIPO
Name of the Organization : Korean Intellectual Property Office
Type of Facility : Patents & Utility Models Application Procedure
Country : South Korea
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Patents & Utility Models Application Procedure :
After a patent application is filed with KIPO, a patent right is granted through various steps.
Related : KIPO Trademarks Application Procedure South Korea : www.statusin.org/7571.html
The Korean system is characterized by:
(i) First-to-File Rule;
(ii) Publication of Unexamined Application;
(iii) Request for Examination
The procedure for registering a utility model is the same as that of a patent except for some notification periods.
Filing an Application:
(i) Applicant
Either the inventor of an invention or his assignee can file a patent application for the invention with KIPO. The applicant may be either a natural person or a juristic person.
(ii) Documents Required:
A person who desires to obtain a patent must submit the following documents to the commissioner of KIPO:
(a) an application stating the name and address of the inventor and applicant, the title of the invention, and priority data (if the right of priority is claimed);
(b) 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);
(c) drawing(s), if any;
(d) an abstract;
(e) if the right of priority is claimed, the priority document which is a certified copy of the priority application together with its Korean translation (whenever an applicant is requested to submit a Korean translation of a priority document); and
(f) a power of attorney, if necessary.
(iii) 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 abovementioned priority document may 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.
Formality Examination:
When a patent application is submitted to KIPO, it is checked to ensure that all requirements necessary to accord the application a filing date have been satisfied. Under the Article 11(1) of the Enforcement Regulation of the Patent Act, in any of the following instances the application will be returned to the submitter without any application number being assigned thereto and will be treated as if it had never been submitted:
(i) where the kind of the application is not clear;
(ii) where the name or address of a person (or juristic person) who is initiating the application procedure (i.e. the applicant) is not described;
(iii) where the application is not written in Korean;
(iv) where the application is not accompanied by the specification (including detailed description of the invention) or drawings (only for utility applications) ; or
(v) where the application is submitted, by a person who has no address or place of business in the Republic of Korea, without using an agent in the Republic of Korea.
Once the application has satisfied the requirements, KIPO assigns an application number and examines as to whether or not other formal requirements under the Patent Act have been met. If KIPO discovers that a document or information is missing, such as power of attorney or the name of the representative of the juristic person, it will issue a notice of amendment requesting the applicant to supplement the missing data, within a specified time limit. The applicant may obtain an extension of the designated time period.
If the applicant does not comply with such a request within the designated or extended period, the patent application will be nullified and then considered as having never been filed.