Patent Application Encyclopedia

1-2 years

KIPO adopts two examination systems, the Substantive Examination System (SES) and the Partial Substantive Examination System (NSES), for designs, and the applicant has no right to choose the examination route. The Partial Substantive Examination System (NSES) is for items that are popular, easy to imitate and have a short life cycle, such as food, clothing and men's clothing (category 2), travel goods (category 3), textiles, man-made and Natural panel materials (Class 5), packaging (Class 9), decorative articles (Class 11), stationery and office equipment, artists and teaching materials (Class 19). For some designs that have been substantiated, the applicant can obtain granted within 1-2 months from the date of submission of the application, and can enjoy new procedures such as combination design and post-granted opposition. The applicant can decide whether to disclose the design at the time of granted. After paying a certain confidentiality fee, the design can be requested not to be disclosed for 3 years. There are 32 levels in the Locarno classification system, but only 31 levels are used in Korea.

1-2 years

Reinstatement of priority is accepted on grounds of "due care."

no

yes. The applicant may request that the patent type be converted from invention to utility model before the patent is granted.

no

via Paris Convention : 6 months from earliest priority date

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 31 months from earliest priority date.

ROSPATENT conducts formality examination and substantive examination of the design patent application. The applicant should submit the examination request and pay the corresponding fees together with the new application, and try not to submit color renderings.

yes

For the design of partial substantive examination, multiple designs can be included in one design application, but the designs must belong to the same class in the international design classification.

Reinstatement of priority on grounds of “due care” accepted as RO.

no

2-4 years

TIPO only conducts formality examination of utility model patent applications, and can quickly obtain patent granted by judging whether the formal requirements are met according to the description and drawings. After the granted announcement, anyone can obtain the patent technical report of the utility model application.

IPObel conducts only formality examination of invention patent applications. The applicant needs to submit a search request within 13 months from the date of the latest application. The search report will be issued by the EPO with a written opinion on patentability, but it is not binding. The patent application is completed within 18 months from the earliest priority date Authorization can be obtained after publication.

yes