申请流程 Application Process Flow
发明专利申请流程 Invention
Korean Industrial Property Office
English: Korea Intellectual Property Office, abbreviation: KIPO
Website: Korean Intellectual Property Office (kipo.go.kr)
Korean Invention Patent Search: Integrated Search < SEARCH - KIPRIS Patent Information searching service
- The Korean patent application number is a new application number structure that has been enabled since January 1, 1999. The specific format is:
- [patent type] + [4-digit AD year] + [7-digit serial number]
- Among them, 10 means invention;
- 20 means utility model”;
- 30 means "industrial design";
- 40 to 75 represent trademark applications;
- If the first digit of the 7-digit serial number is "7", it means that the patent application type is: PCT patent application entering the Korean national phase.
- [patent type] + [4-digit AD year] + [7-digit serial number]
Filing Language: Korean | |
| via Paris Convention | via Nationalization of PCT |
Necessary documents:
| Necessary documents:
|
Attachments (if any):
| Attachments (if any):
|
20 years, and the protection can be extended to 25 years for pesticides or medicines.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
KIPO conducts formality examination and substantive examination for invention applications. Only after the application documents meet the conditions of formality examination, KIPO will allot a filing number. Publication is completed within 18 months from the filing date/priority date. The applicant or the interested party shall file a substantive examination request no later than 5 years from the filing date. Once the request is made, it cannot be withdrawn. KIPO conducts examination in the order in which the examination requests are filed. Patent applications that meet the requirements of the grant conditions will be granted.
If the following situations occur 12 months before the patent application/priority date by the inventor, applicant or assignee:
- By correspondence, or publicly at national or international exhibitions.
Disclosure due to malicious disclosure by a third party.
The novelty grace period can be enjoyed, and the applicant needs to submit corresponding evidence support when filing the application.
2-3 years
- Grant fee: The applicant needs to pay the granted fee within 3 months after receipt of the notification of the granted and pay the annual fee for 1-3 years at the same time.
- Annuity: The annuity is paid year by year starting from the 4th year from the filing date, and the amount of the annuity depends on the number of Claims. Annuity can also be paid in one lump sum. If overdue, it can be paid within the 6-month grace period after the due date, but an 18% penalty must be paid at the same time.
Restoration of priority will not be accepted.
No
Yes. The type of patent can be changed from Invention to Utility model within 30 days of receiving the grant/rejection decision, and the corresponding fee should be paid.
实用新型申请流程 Utility Model
Korean Industrial Property Office
English: Korea Intellectual Property Office, abbreviation: KIPO
Website: Korean Intellectual Property Office (kipo.go.kr)
- The Korean patent application number is a new application number structure that has been enabled since January 1, 1999. The specific format is:
- [patent type] + [4-digit AD year] + [7-digit serial number]
- Among them, 10 means invention;
- 20 means utility model”;
- 30 means "industrial design";
- 40 to 75 represent trademark applications;
- If the first digit of the 7-digit serial number is "7", it means that the patent application type is: PCT patent application entering the Korean national phase.
- [patent type] + [4-digit AD year] + [7-digit serial number]
Filing Language: Korean | |
| via Paris Convention | via Nationalization of PCT |
Necessary documents:
| Necessary documents:
|
Attachments (if any)
| Attachments (if any)
|
10 years
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
KIPO conducts formality examination and substantive examination for utility model patent applications, but only needs to meet the requirements of novelty and industrial applicability, inventive step is not needed.
If the following situations occur 12 months before the filing date/priority date by the inventor, applicant or assignee:
- By correspondence, or publicly at national or international exhibitions.
Disclosed due to maliciously disclosed by a third party.
The novelty grace period can be enjoyed, and the applicant needs to submit corresponding evidence support when filing the application.
- Grant fee: The applicant needs to pay the granted fee within 3 months after receipt of the notification of the granted and pay the annuity for the 1-3 years at the same time.
- Annuity: The annuity will be paid year by year starting from the 4th year from the filing date. The amount of the annuity depends on the number of Claims, and the annuity can also be paid in one lump sum. If overdue, the annuity can be paid within the 6-month grace period after the due date, but a 200% penalty must be paid at the same time.
1-2 years
No
Yes. It is possible to change the patent type from Utility Model to Invention within 30 days of receipt of the notification of the granted/rejection and pay the corresponding fee.
No
外观设计申请流程 Design
Korean Industrial Property Office
English: Korea Intellectual Property Office, abbreviation: KIPO
Website: Korean Intellectual Property Office (kipo.go.kr)
Korean Design Patent Search: Integrated Search < SEARCH - KIPRIS Patent Information searching service
- The Korean patent application number is a new application number structure that has been enabled since January 1, 1999. The specific format is:
- [patent type] + [4-digit AD year] + [7-digit serial number]
- Among them, 10 means invention;
- 20 means utility model”;
- 30 means "industrial design";
- 40 to 75 represent trademark applications;
- If the first digit of the 7-digit serial number is "7", it means that the patent application type is: PCT patent application entering the Korean national phase.
- [patent type] + [4-digit AD year] + [7-digit serial number]
| Filing Language: Korean |
Necessary documents:
|
Attachments (if any):
|
20 years
- via Paris Convention : 6 months from earliest priority date.
- via Hague Agreement route: 6 months from earliest priority date.
KIPO adopts two examination systems for Design applications, one is the Substantive Examination System (SES) and the other one is the Partial Substantive Examination System (PSES). The applicant has no opportunity to choose the examination system. PSES is for items that are popular, easy to imitate and have a short life cycle, such as food, clothing and men's clothing (category 2), travel goods (category 3), textiles, man-made and Natural panel materials (Class 5), packaging (Class 9), decorative articles (Class 11), stationery and office equipment, artists and teaching materials (Class 19). For the design application of PSES, it can be granted within 1-2 months from the filing date and can enjoy new procedures such as multiple design and post-granted opposition. The applicant can decide whether to disclose the design at the time of granted. After paying a certain confidentiality fee, the design can be requested not to be disclosed for 3 years. There are 32 levels in the Locarno classification system in total, but only 31 levels are used in Korea.
A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.
- Grant fee: The applicant should pay the annual fee for the 1-3 year within 3 months after receipt the notification of granted.
- Annuity: Annuity should be paid year by year from the 4th year, overdue payment can be made within the 6-month grace period after the due date, but a penalty shall be paid, and the amount of the penalty shall not exceed twice the granted fee.
- The average time for Design application of PESE system is 1-2 months.
- The average time for Design application of SES system is 10-12 months.
No
No
For the design of partial substantive examination, multiple designs can be included in one design application, but the designs must belong to the same international design classification.
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消息与资讯 Information
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