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
A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.
KIPO conducts formality examination and substantive examination of utility model patent applications, but only needs to meet the standards of novelty and practicality, and does not require inventive step.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
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.
- Grant fee: The applicant needs to pay the granted fee within 3 months after receiving the notification of the granted decision, and pay the annual fee for the first to third years at the same time.
- Annuity: The annual fee is paid year by year starting from the fourth year from the filing date, and the amount of the annual fee depends on the number of Claim. Annuitys can also be paid. If the annual fee is 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.
- Grant fee: The applicant should pay the annual fee for the first to third year within 3 months after receiving the notification of granted decision
- Annuity: Begin to pay 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.
Korean Industrial Property Office
English: Korea Intellectual Property Office, abbreviation: KIPO
Website: Korean Intellectual Property Office (kipo.go.kr)
Korean Utility Model Patent Search: Integrated Search < SEARCH - KIPRIS Patent Information searching service
yes. It is possible to change the patent type from utility model to invention within 30 days of receiving the grant/rejection decision, and pay the corresponding fee.
no
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 submitting the application.