Utility Model System in Korea
The Korean system is characterized by the following elements:
(a) Adoption of the First-to-File Rule;
(b) Practice of Publishing Unexamined Applications; and
(c) Requirement for Substantive Examination upon request.
The procedures for registering a utility model closely resemble those for a patent, with minor differences in notification periods.
Filing an Application for a Utility Model in Korea
(a) Applicant
The filing of a utility model registration application in Korea can be done by either the inventor or their assignee. The applicant can be a natural person or a juristic person.
(b) Required Documents
The following documents are necessary for filing a utility model application:
i) Application: This should include the name and address of the inventor and the applicant (including the representative's name if the applicant is a juristic person), the date of submission, the title of the invention, and any priority data, if applicable.
ii) Specification: This should provide details such as the title of the invention, a brief description of any accompanying drawings, a detailed description of the invention, and the claims.
iii) Drawings: These should be included if applicable.
iv) Abstract: A concise summary of the invention should be provided.
v) Priority Document: If claiming the right of priority, a certified copy of the priority application along with its Korean translation should be submitted.
vi) Power of Attorney: If required, a power of attorney should be included.
(c) Claiming Priority
To secure the priority right, the application must be filed in the Republic of Korea within one year from the filing date of the priority application. The priority document mentioned above must be submitted within one year and four months from the priority date. Failure to submit the priority document within this timeframe will render the claim of priority null and void.
Laying Open for Public Inspection
Applications for utility model registration that have not yet undergone examination are automatically made available for public inspection through the official gazette known as the "Utility Model Laid-open Gazette" after 18 months from the filing date in the Republic of Korea. If the right of priority is claimed from an earlier foreign filing, the 18-month period starts from the priority date.
Upon the request of the applicant, the laid-open publication can be made prior to the 18-month period. This allows for earlier protection of a utility model registration application that may be facing infringement.
Once a utility model registration application has been laid-open, all related documents become accessible for public inspection. Moreover, any individual can submit information to the Commissioner of KIPO that is relevant to the patentability of the invention, accompanied by supporting evidence.
The Utility Model Act provides a significant legal effect for laid-open utility model registration applications. According to Article 65(1), if the applicant sends a warning letter to an alleged infringer after the application has been laid-open, any subsequent calculation of reasonable compensation will be based on the date when the infringer receives the warning letter. However, the collection of compensation can only occur after the publication of the utility model registration application following examination.
Substantive Examination
(a) Request for Substantive Examination
A utility model registration application will undergo examination only if a request for examination is submitted by either the applicant or any interested party within 3 years from the filing date of the application. Failure to make a request for examination within this three-year period will result in the utility model registration application being considered withdrawn.
(b) Requirements for Registration
To obtain registration under the Utility Model Law, a utility model must satisfy the following criteria:
i) It should meet the definition of an invention as outlined in the Utility Model Act.
ii) It should demonstrate Novelty, Industrial Applicability, and Inventive Step.
iii) It should not fall into any of the categories of unregistrable utility models as specified in Article 38 of the Utility Model Act.
Rejection
If the examiner identifies grounds for rejecting a utility model registration application, a notice of preliminary rejection will be issued. The applicant will then have an opportunity to respond to the preliminary rejection within a specified time limit set by the examiner. Upon request, the applicant may be granted an extension to this time limit.
When responding to the preliminary rejection, the applicant has the option to submit an argument along with any amendments to the specification and/or claims, or they can provide an argument alone. If the examiner determines that the argument lacks merit and the grounds for rejection have not been overcome, a notice of final rejection for the utility model registration application will be issued.
Registration
Upon receiving a notice of decision to grant a utility model registration, the applicant is required to pay the registration fee, which includes the first three years' annuities, within three months from the date of receipt.
If the applicant fails to make the registration fee payment within the three-month period, registration can still be accomplished by paying double the usual fee within six months after the initial three-month period has expired. Therefore, if the registration fee is not paid within nine months from the date of receiving the notice of decision to grant a utility model registration, the utility model registration application will be considered abandoned.
DAEILPAT
Utility Model
We specialize in providing utility models that generate tangible value for your business, and we offer comprehensive guidance on all matters related to your patent and utility model portfolio when entering the Korean market.
At DAEILPAT, our patent team is well-versed in every aspect of acquiring and utilizing patent and utility model rights. This includes conducting patentability assessments, drafting, filing, and prosecuting patent and utility model applications, performing Freedom-to-Operate analyses, conducting infringement assessments, providing second opinions, handling oppositions, offering litigation support, and monitoring utility models.
Our team of patent attorneys is among the most experienced and professional in Korea, covering a wide range of technological fields. As a leading Korean IP Law Firm, we take pride in our high success rate for patent and utility model registrations.
At DAEILPAT, our primary focus is to secure utility models that deliver significant value to your business. To achieve this, we take the time to understand your company and the competitive landscape in which it operates. By gaining insights into your specific needs, we can develop a tailored protection strategy. Additionally, our experts are well-versed in Design Rights and can customize a protection strategy that combines utility models and designs, if necessary.
For foreign companies entering Korea, we extend our expertise to support your unique requirements. Our team is equipped to navigate the Korean market on your behalf, providing guidance on patent and utility model matters, and ensuring that your intellectual property is safeguarded effectively. We understand the intricacies of the Korean business environment and are committed to delivering optimal outcomes for your organization.
Partner with DAEILPAT to gain a competitive edge in the Korean market through strategic utility model protection and patent expertise.
Learn more about Patents Application and Protection in Korea
If you have any questions or needs related to this, please feel free to contact us.
Read more:
- Utility Model System in Korea
- Copyright Protection in Korea for Works of Foreigners
- Protecting Trade Secrets in Korea
- Patent and Trademark Litigation in Korea
- Patent and Trademark Trial System in Korea
