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.
- via Paris Convention : 6 months from earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
no
Restoration of priority will not be accepted.
2-3 years
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 Once an examination request is made, it cannot be withdrawn, and KIPO conducts examination in the order in which the examination requests are filed.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.
no
- 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.
no
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.