A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.
10 years
Filing Language: Korean
via Paris Convention via Nationalization of PCT Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Attachments (if any)
- Power of Attorney
- Scanned Copy of Certified Priority Document / DAS
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- Notification issued by CNIPA notify the applicant the application has passed through the security review
Attachments (if any)
- WIPO Publication
- ISR/IPRP
- Entering the Korean national phase 19/28/34/41 amended
- Power of Attorney
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
KIPO adopts two examination systems, the Substantive Examination System (SES) and the Partial Substantive Examination System (NSES), for designs, and the applicant has no right to choose the examination route. The Partial Substantive Examination System (NSES) 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 some designs that have been substantiated, the applicant can obtain granted within 1-2 months from the date of submission of the application, and can enjoy new procedures such as combination 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, but only 31 levels are used in Korea.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
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.
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.
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.
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.
no
A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.