KIPO conducts formality examination and substantive examination of utility model patent applications, but only needs to meet the standards of novelty and practicality, and does not require inventive step.
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
2-3 years
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.
no
A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.
no
Restoration of priority will not be accepted.
no
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.
- 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.