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.
- 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.
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.
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.
A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.
1-2 years
Filing Language: Korean Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Power of Attorney
- Priority certification document and its Korean translation
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
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.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
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