Is DAS available for Korean industrial design application?

Submitted by 页之码 on

no

专利申请流程

KR South Korea

  • 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

  • Is Korean Utility Model Application Type Convertible?

    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.

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

    no

  • How long is the protection period of industrial design in Korea?

    20 years

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

    10 years

  • Features of Korean Utility Model Patent Application Process

    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.

  • 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.

  • Novelty Grace Period for Korean Design Applications

    A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.

  • Korean invention patent application authorization and annual fee instructions

    • 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.

  • 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.