Examination Process for Korean Patents
In Korea, patent applications are examined by patent examiners in order of filing date.
Examination by an examiner of the Korean Intellectual Property Office is generally rejected if the specification (detailed description of the invention and the scope of the patent claims) is not prepared in accordance with the provisions of the Patent Act, if there is a patent application (priority application) for the same invention filed before the patent application, If the invention is recognized as being identical to an invention that was generally known (known invention) or produced and sold (public invention) prior to the filing of the patent application, and if the invention is recognized as being of such a degree that an average expert in the field of technology could have invented it very easily from the above-mentioned known invention or public invention, the examiner compares the specification or drawings with the prior art data searched by the examiner.
The outcome of the examiner's review is an important step in determining whether a patentable invention is patentable.
You will also need a power of attorney to authorize a patent attorney in our office to represent you. In principle, the power of attorney should be in the form of a blanket power of attorney required for electronic filing at the Korean Intellectual Property Office.
Here are the patent examination process in South Korea in more detail:
Filing of the patent application:
The first step is to file a patent application with the Korean Intellectual Property Office (KIPO). The application should include a detailed description of the invention, patent claims that define the scope of protection sought, and any necessary drawings or diagrams.
Examination by a patent examiner:
Once the application is filed, it undergoes examination by a patent examiner at KIPO. The examination process generally follows the order of filing dates, meaning that applications are examined in the order they were filed.
Examination criteria:
The examiner reviews the patent application to ensure that it meets the requirements set forth in the Patent Act. Some reasons for rejection during the examination process include:
- Inadequate specification: If the description of the invention and the scope of the patent claims are not prepared according to the provisions of the Patent Act.
- Pre-existing applications: If there is a prior patent application (priority application) for the same invention that was filed before the patent application under examination.
- Known or public invention: If the invention is considered identical to an invention that was generally known or publicly disclosed prior to the filing of the patent application. Additionally, if the invention is deemed to be easily derived by an average expert in the field from the known or public invention.
- Comparison with prior art: The examiner compares the specification or drawings of the patent application with prior art data that has been searched by the examiner.
Determination of patentability:
Based on the examination, the examiner determines whether the invention meets the patentability criteria. This includes assessing the novelty, inventive step, and industrial applicability of the invention. If the examiner concludes that the invention meets these criteria, a patent may be granted.
Power of attorney:
It is generally required to provide a power of attorney to authorize a patent attorney to represent you during the application process. The power of attorney should typically be in the form of a blanket power of attorney, which is required for electronic filing at KIPO.
It's important to note that the examination process can be complex and may involve multiple rounds of correspondence between the applicant and the examiner. The applicant may need to address any objections or rejections raised by the examiner and provide clarifications or amendments to the application, if necessary.
Engaging a patent attorney or agent who is familiar with the Korean patent system is highly recommended. They can help guide you through the examination process, respond to examiner's queries, and assist in maximizing the chances of obtaining a granted patent.
FAQ about Korean Patents
If i have a patent in Korea, will my business succeed?
Is BM patent examination different in Korea?
What is the difference between a patent and a utility model in Korea?
What is the Korean Patent Prioritized Examination System?
[Frequently Asked Questions in Pre-Filing Stage for Korean Patents]
Consulting for Korean Patent Application
The Process of Drafting Patent Application Documents
[Frequently Asked Questions during the Korean Patent Examination and Registration Process]
Korean Patent Examination Request Process
Early publication and application publication steps
Steps to apply for prioritization examination in South Korea
What should I do after receiving the Office Action of the Reason for Refusal?
What is a request for re-examination?
What should I do if I receive a patent rejection decision?
Payment of Patent Fees and Registration of Korean Patents
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Patent
We specialize in securing patents that provide tangible value for foreign companies entering the Korean market, and we provide comprehensive guidance on all aspects of your patent portfolio. Our dedicated patent team handles a wide range of services, including patentability assessments, drafting, filing, and prosecution of patent applications, Freedom-to-Operate analyses, infringement analyses, second opinions, oppositions, litigation support, and patent monitoring.
With some of Korea's most experienced and professional patent attorneys, our team covers various technology domains. We take pride in being one of Korean IP Law Firm with a high patent registration success rate.
At DAEILPAT, our primary focus is to secure patents that contribute real value to your business. To achieve this, we take the time to understand your company and the competitive landscape in which you operate. This enables us to develop a tailored protection strategy that aligns with your specific needs. In addition to our expertise in patents, our professionals are well-versed in Design Rights. If necessary, we can create a customized protection strategy using a combination of patents and designs to safeguard your intellectual property effectively.
Learn more about Patents Application and Protection in Korea
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In addition to providing consultation services on specific patent rights, we offer strategic advice to foreign companies entering the Korean market regarding their patent portfolios. Our strategic advice encompasses a wide range of key issues, including:
- Invention Scouting
- Trade Secrets and Pitfall Avoidance
- International Protection
- Infringement Identification and Enforcement
- Competitor Patent Monitoring
- Patent Portfolio Optimization
- Patent Department Organization
- Outsourcing Patent-Related Tasks
At DAEILPAT, we understand the unique challenges faced by foreign companies entering the Korean market, and our strategic advice aims to support your patent portfolio goals, enhance your competitive position, and maximize the value of your intellectual property assets.
