Novelty Grace Period for Utility Model Applications in Korea

Submitted by 页之码 on

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.

专利申请流程

KR South Korea

  • How long does it take to authorize an industrial design 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.

  • Is a utility model application in Korea eligible for DAS?

    no

  • Is Korean industrial design application convertible?

    no

  • What are the requirements for Korean design application documents

    Filing Language: Korean

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Power of Attorney
    2. Priority certification document and its Korean translation
    3. Declaration of Ownership/Certification of Employment/Assignment of priority
    4. Assignment for Patent Right Transfer

  • Is DAS available for Korean industrial design application?

    no

  • How long is the protection period for utility model applications in Korea?

    10 years

  • Novelty Grace Period for Korean Invention Patent Application

    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.

  • Characteristics of Korean Invention Patent Application Process

    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.

  • What are the requirements for Korean invention patent application documents?

    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

  • How long is the PCT deadline for utility model applications in Korea?

    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 31 months from earliest priority date.