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Korean Utility Model Application

Updated:2018-5-30 17:41:36    Source:www.tannet-group.comViews:295

Korean utility model application is filed with Korean Intellectual Property Office (KIPO). After a patent application is filed with KIPO, a patent right is granted through various steps. The term of a patent right commences when the establishment of patent right is registered; it ends 20 years after the filing date of the patent application. The corresponding term for a utility model is 10 years. The effect of a patent right is subject to the principle of territoriality; that is, it is valid only in the country where the right is obtained.

Characteristics of Korean Utility Model System
The Korean utility model system is characterized by:
(1) First-to-File Rule
(2) Examination of Basic Requirements for Quick Registration
(3) Request for Technical Evaluation
(4) Decision of Revocation or Maintenance through Technical Evaluation

Conditions on Applicant
Either the deviser or his/her assignee can file a utility model application for a device with KIPO. The applicant may be either a natural person or a juristic person.

Documents Required for Application
A person who desires to obtain a utility model must submit the following documents to KIPO:

1) an application stating the name and address of the deviser and the applicant(including the name of a representative, if the applicant is a juristic person), the date of submission, the title of the device, and the priority date (if the right of priority is claimed);
2) a specification setting forth the following matters: the title of the device, a brief description of drawings (if any), a detailed description of the device, and claim(s);
3) drawing(s), if any;
4) an abstract;
5) if the right of priority is claimed, a certified copy of the priority application together with its Korean translation; and
6) a power of attorney, if necessary.

Filing an Application
When a patent application is submitted to KIPO, it is checked to ensure that all requirements necessary to accord the application a filing date have been satisfied. Once the application has satisfied the requirements, KIPO assigns an application number and examines as to whether or not other formal requirements under the Patent Act have been met.

If the examiner finds a ground for rejection of a patent application, a notice of preliminary rejection will be issued and the applicant will be given an opportunity to submit a response to the preliminary rejection within a time limit designated by the examiner. If no grounds for rejecting a patent application are found, the examiner shall grant a patent right.

When a patent applicant receives a notice of decision to grant a patent, he should pay the first 3 years' annuities within 3 months from the date of receipt of such notice as a registration fee.

Where the examiners find no grounds for rejection of a patent application, KIPO publishes the patent registration after the patent applicant pays the registration fee.

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