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Korean
Industrial Property System |
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1. Main catagries
of the intellectual Property in Korea
Patent, Utility Model, Design, Trademark(including
Servicemark), Computer Program and IC Layout Design,
Copyright
2. Characteristics
of the Korean Intellectual Property System
First-to-File Rule
Where two or more applications related to the
same invention are filed on different dates, only
the applicant of the application with the earlier
filing date may obtain a patent for the invention.
The rule applies mutatis mutandis to utility model,
design, and trademark applications.
Principle of Examination
Applications for patent, urility models, design
and trademark should be substantively examined
by the Examiner.
Laying - open System
An application for patent or utility model registration
shall be laid open to public
at the expiration of 18 months from the filing
date or the priority date of the application or
upon request from the applicant even before the
expiration of
18 months from said date. An application for design
registration may be laid open for public inspection
before registration of the application upon request
from the applicant.
[Pre-grant Opposition]
Within 3 months from the date of publication of
registration of a patent or utility model application
and within 2 months from the date of publication
of a trademark(service mark) application, any
person may file an opposition to the
granting of a aptent or utility model or trademark(service
mark) with the Korean
Intellectual Property Office.
Reexamination Before a Trial
In case that an appellate trial against a ruling
of refusal is requested, if the specification
or drawing(s) of the application that is the subject
of the request is amended within 30 days of the
request, the Commissioner of the Korean Intellectual
Property Office shall order the Examiner to reexamine
the application that is the subject of the request
before proceeding with the trial
3. Duration of
the Intellectual Property Rights
Patent: 20 years after the filing date
Utility model: 10 years after the filing date
Design: 15 years from the registration date
Trademark: 10 years from the registration date
(renewable)
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