The application objects for utility models in South Korea include "high-level new technological solutions proposed for products, methods, or improvements using natural rules". South Korea is a member of the Paris Convention and PCT Treaty, so Chinese applicants can directly apply for a Korean utility model based on their domestic priority or designate and enter the Korean national phase through the PCT pathway. From October 1, 2006, invention and utility model applications can be converted into each other.
1、 Required documents for applying for a Korean utility model patent:
(1) The names, addresses, and nationalities of the applicant and inventor, and if the applicant is a legal entity, the name of the legal representative should also be included;
(2) The power of attorney signed by the applicant (the original power of attorney must be provided, signed by the applicant or the applicant's legal representative, and does not require notarization);
(3) Abstract, specification, and claims (Korean application documents must be submitted at the time of application);
(4) Attached image
(5) The priority proof material (requesting priority) should indicate the priority number and priority date, and submit the priority proof document.
2、 Review process:
1. Examination system: The substantive examination authorization system, only when an examination request is made within 5 years from the application date, the invention patent will be examined.
2. Disclosure: The invention application submitted by the applicant shall be automatically published in the "Patent Publication Gazette" after 18 months from the date of application or priority. A request for substantive examination must be submitted within 5 years from the date of application. At the end of 2006, the average examination cycle for Korean invention patents (i.e. the time from the applicant submitting the substantive examination request to the KIPO issuing the first examination opinion notification) was shortened to 9.8 months. Therefore, for many applications that make a request for substantive examination when submitting a patent application, the patent is often granted before the deadline of 18 months from the date of filing. For such applications, if the applicant does not request early publication, the patent application publication procedure will no longer be carried out.
3. Announcement: After passing the actual examination, authorized registration can be carried out. The applicant must pay the patent annual fee for the first three years as registration fee within three months from the date of receiving the patent authorization decision. After the applicant pays the registration fee, KIPO will publish the patent authorization in the Patent Registration Gazette. Within 3 months from the date of publication of the patent authorization, anyone can raise an objection to the authorized patent.
4. Protection period: The protection period of an invention patent right is 20 years from the date of application (or international application date).
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