How long is the protection period for utility model applications in Korea?

Submitted by 页之码 on

10 years

专利申请流程

KR South Korea

  • 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.

  • Novelty Grace Period for Korean Design Applications

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

  • How long does it take for a Korean invention patent application to be granted?

    2-3 years

  • What are the requirements for Korean invention patent 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. Sequence Listing (PDF format and TXT format)
    2. Microorganism preservation certificate and its Korean translation
    3. Microorganism survival certificate and its Korean translation
    4. Power of Attorney
    5. Priority certification document and its Korean translation
    6. Declaration of Ownership/Certification of Employment/Assignment of priority
    7. Assignment for Patent Right Transfer
    8. 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. Sequence Listing (PDF format and TXT format)
    5. Microorganism preservation certificate and its Korean translation
    6. Microorganism survival certificate and its Korean translation
    7. Power of Attorney
    8. Declaration of Ownership/Certification of Employment/Assignment of priority
    9. Assignment for Patent Right Transfer

  • How long is the PCT period for Korean invention patent application

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

  • Explanation of Korea Design Authorization and Annual Fee

    • 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.

  • Novelty Grace Period for Korean Invention Patent Application

    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.

  • Is a Korean invention patent application eligible for DAS?

    no

  • Novelty Grace Period for Utility Model Applications in Korea

    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.

  • 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