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

  • 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.

  • 2-3 years

  • 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.

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

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

  • 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