KOREAN UTILITY MODEL : REGISTRATION AND TECHNICAL EVALUATION
Registration
The examiner shall request registration of the Korean utility model application promptly if no problems concerning the basic requirements can be found, but not within two months prior to the filing date (for the same reason as that of the invalidation procedure).
Technical Evaluation
Technical evaluation is different from the substantive examination in patents. Since the subject matter is already registered in the system, technical evaluation can be requested for each claim while the substantive examination should be requested for all claims.
Therefore, the examiner shall only perform registration maintenance or registration revocation decisions for those claims which are requested.
If technical evaluation is not requested for all claims and there are reasons for revocation of a part of a claim, only those claims are revoked. For those claims where there is no reason for revocation, a registration maintenance decision is made by the examiner. Each claim which is requested must be technically evaluated. In the case of a registration revocation decision, the reasons shall be written as for the case of a ruling of refusal.
Technical evaluation can be requested by the applicant, owner, exclusive licensee, non-exclusive licensee, interested party, or examiner of KIPO.
Technical evaluation can be requested at filing or at any time after the filing date. Even if the term of utility model right has expired, technical evaluation can be requested when an interest of request exists.
- Request for registration maintenance decision.
For a utility model to be received as a maintenance decision of registration, it should not fall into any of the categories prescribed in Article 25(1) of the Utility Model Law.
- Registration revocation decision
If the examiner finds grounds for revocation of a utility model registration, a notice of preliminary revocation shall be issued; and the applicant will be given an opportunity to submit a response to the preliminary revocation within a period of time designated by the examiner. Such a time limit is extendable upon the request for an extension by the applicant.
In response to the preliminary revocation, the applicant may file an argument with a correction of the specification and/or claims. If the examiner determines that the argument is without merit and the grounds for revocation have not been overcome, he or she will issue a notice for revocation of the utility model registration.
Read more about Korean Patent here:
Korean Patent System
- Information on Korean Patent Applications
- Korean Patent Examination System
- PCT National Phase Entry into Korea
Application Procedure for Patents in Korea
Application Procedure for Utility Models in Korea
- Registration and Technical Evaluation
Application Procedure for Layout Designs in Korea
- Effect of Layout Designs Rights
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