Patent Application Encyclopedia

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.

10 years

Reinstatement of priority is accepted on grounds of "due care."

• Grant fee: The applicant needs to pay the granted fee within 3 months after receiving the notification of the granted decision, and pay the annual fee for the first to third years at the same time.
• Annuity: The annual fee is paid year by year starting from the fourth year from the filing date, and the amount of the annual fee depends on the number of Claim. Annuitys can also be paid. If the annual fee is overdue, it can be paid within the 6-month grace period after the due date, but an 18% penalty must be paid at the same time.

Reinstatement of Priority Accepted on Unintentional Grounds.

INPI conducts formality examination and substantive examination of invention patent applications. Substantive examination begins automatically, without the need to file a separate request.

no

Reinstatement of priority on grounds of "due care" accepted.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.

no

Formal examination and substantive examination are required. Substantive examination begins automatically, without the need to submit a specific request.

yes. After the applicant pays the corresponding fee, he can apply to change the patent type from invention to utility model.

5-8 years

10 years

PRH conducts formality examination and substantive examination of invention patents. In Finland, the substantive examination of patent applications starts automatically without filing a specific request. Generally, it takes 8 months for PRH to issue the first office action notification, and the applicant needs to reply to the office action within 2-4 months. Patent granted can be obtained if the granted conditions are met.

yes. Multiple designs may be included in one design application.

5-6 years

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