Is Korean Utility Model Application Type Convertible?

Submitted by 页之码 on

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.

专利申请流程

KR South Korea

  • Can the priority right of Korean utility model application be restored?

    no

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

    no

  • What are the requirements for Korean utility model 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. Power of Attorney
    2. Scanned Copy of Certified Priority Document / DAS
    3. Declaration of Ownership/Certification of Employment/Assignment of priority
    4. Assignment for Patent Right Transfer
    5. 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. Power of Attorney
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer

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

    10 years

  • How long does it take for a Korean invention patent application to be granted?

    2-3 years

  • Is a Korean invention patent application eligible for DAS?

    no

  • Is Korean industrial design application convertible?

    no

  • 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.

  • 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

  • Explanation of Korea Design Authorization and Annual Fee

    • Grant fee: The applicant should pay the annual fee for the first to third year within 3 months after receiving the notification of granted decision
    • Annuity: Begin to pay year by year from the 4th year, overdue payment can be made within the 6-month grace period after the due date, but a penalty shall be paid, and the amount of the penalty shall not exceed twice the granted fee.