Novelty Grace Period for Korean Design Applications

Submitted by 页之码 on

A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.

专利申请流程

KR South Korea

  • Is DAS available for Korean industrial design application?

    no

  • Is it possible to apply for a combined appearance for a Korean industrial design application?

    For the design of partial substantive examination, multiple designs can be included in one design application, but the designs must belong to the same class in the international design classification.

  • Is Korean Utility Model Application Type Convertible?

    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.

  • What are the requirements for Korean utility model application documents?

    Filing Language: Korean

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Power of Attorney
    2. Scanned Copy of Certified Priority Document / DAS
    3. Declaration of Ownership/Certification of Employment/Assignment of priority
    4. Assignment for Patent Right Transfer
    5. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Korean national phase 19/28/34/41 amended
    4. Power of Attorney
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer

  • Korean utility model application authorization and annual fee instructions

    • 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 will be paid year by year starting from the fourth year from the filing date. The amount of the annual fee depends on the number of Claim, and the annual fee can also be paid. If the annual fee is overdue, it can be paid within the 6-month late payment period after the due date, but a 200% penalty must be paid at the same time.

  • How long does it take to authorize an industrial design in Korea?

    • The average time for partial substantive examination design granted is 1-2 months.
    • The average time for substantive examination of design granted is 10-12 months.

  • Characteristics of Korean Invention Patent Application Process

    KIPO conducts formality examination and substantive examination of invention patent applications. Only after the application documents meet the conditions of formality examination, KIPO will assign the patent to the application number. Publication is completed within 18 months from the filing date/priority date. The applicant/interested party shall submit a substantive examination request no later than 5 years from the filing date. Once an examination request is made, it cannot be withdrawn, and KIPO conducts examination in the order in which the examination requests are filed. Patent applications that meet the grant conditions will be granted.

  • How long is the application period for industrial design in Korea?

    • via Paris Convention : 6 months from earliest priority date.
    • Hague Agreement route: 6 months from earliest priority date.

  • How long is the PCT deadline for utility model applications in Korea?

    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 31 months from earliest priority date.

  • How long is the protection period of Korean invention patent application

    20 years, and the protection can be extended to 25 years for pesticides or medicines.