Untitled Document
 
 
  --INVENTIVE OF KOREA--
 
   
 
Korea IP SystemIP ProcedureRequirements
   
 
   
 
Korean Industrial Property System
   
 

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)

--INVENTIVE OF KOREA--