What is the difference between a patent and a utility model in Korea?
Patents and utility models do not differ in terms of the nature or object of the rights. If the applicant chooses to apply for a patent if the technology is deemed to have a long life cycle, and if not, the applicant can apply for a utility model to obtain the rights.
However, inventions concerning methods, substances, etc. are not eligible for a utility model, but are eligible for a patent. A patent has a term of 20 years, while a utility model has a term of 10 years. The examination process from application to registration of a utility model is not different from that of a patent.
Let's delve into the difference between a patent and a utility model in South Korea:
Nature of Rights:
Both patents and utility models in South Korea provide legal protection for technical inventions. They grant the holder exclusive rights to prevent others from making, using, selling, or importing the patented invention without authorization.
Eligibility:
Inventions related to methods or substances are eligible for patent protection in South Korea. This includes processes, machines, compositions of matter, and improvements thereof. On the other hand, utility models in South Korea are generally limited to physical devices or products. Utility models do not cover methods or substances.
Term of Protection:
Patents have a standard term of protection of 20 years from the filing date. In contrast, utility models have a shorter term of protection, which is typically 10 years from the filing date. The shorter term reflects the expectation that utility model inventions may have a shorter lifespan or quicker obsolescence compared to inventions protected by patents.
Strategic Considerations:
The choice between patent and utility model protection depends on various factors, including the nature of the invention, its potential lifespan, and the strategic goals of the applicant. If the technology is deemed to have a long life cycle and the invention is eligible, the applicant may opt for patent protection. On the other hand, if the invention is a physical device or product with a shorter expected lifespan, the applicant may choose utility model protection to obtain rights more quickly and cost-effectively.
It's important to consult with a patent attorney or agent to assess the eligibility of your invention for patent or utility model protection, as well as to determine the most suitable strategy based on your specific needs and goals.
We can help you clearly distinguish whether your idea is patentable or utility modelable, and advise you on patent or utility model registration based on your strategic needs.
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
OUR SERVICES
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
Strategic Advice
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.
