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.
20 years, and the protection can be extended to 25 years for pesticides or medicines.
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 Once an examination request is made, it cannot be withdrawn, and KIPO conducts examination in the order in which the examination requests are filed.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.
Filing Language: Korean
via Paris Convention via Nationalization of PCT Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Attachments (if any)
- Sequence Listing (PDF format and TXT format)
- Microorganism preservation certificate and its Korean translation
- Microorganism survival certificate and its Korean translation
- Power of Attorney
- Priority certification document and its Korean translation
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- Notification issued by CNIPA notify the applicant the application has passed through the security review
Attachments (if any)
- WIPO Publication
- ISR/IPRP
- Entering the Korean national phase 19/28/34/41 amended
- Sequence Listing (PDF format and TXT format)
- Microorganism preservation certificate and its Korean translation
- Microorganism survival certificate and its Korean translation
- Power of Attorney
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
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 : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
2-3 years
20 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.
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.
Restoration of priority will not be accepted.