Novelty Grace Period for Korean Design Applications

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

no

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

no

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.

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

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 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.

• 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.