The Korean design protection system, managed by the Korean Intellectual Property Office (KIPO), offers two examination pathways: the Substantive Examination System (SES) and the Partial-Substantive Examination System (PSES).
Substantive Examination System (SES)
Under SES, designs undergo a comprehensive examination to assess novelty, creativity, and industrial applicability.
Partial-Substantive Examination System (PSES)
Introduced to expedite the registration process for products with short life cycles, PSES allows for quicker registration, typically within 1 to 2 months from the filing date. However, registered designs under PSES can be challenged post-registration through opposition or invalidation trials.
1. Filing an Application
To file a design application in Korea, applicants need to submit an application form, design drawings or photographs, and relevant supporting documents like priority claims or powers of attorney, if applicable.
2. Formality Examination
KIPO reviews the application to ensure all formal requirements are met. If deficiencies are found, the applicant is notified and given an opportunity to amend the application.
3. Examination Process
SES : Applications undergo a thorough substantive examination to evaluate registrability based on criteria like novelty and creativity.
PSES : Applications are subject to a basic examination focusing on formalities and certain unregistrable criteria. If no issues are found, registration is granted without a full substantive examination.
4. Registration and Publication
SES: Upon approval, the design is registered and published in the "Design Registration Gazette."
PSES: After registration, the design is published in the "Design Registration Gazette under the PSES,"
initiating a three-month period during which any person may file an opposition against the registration.
5. Duration and Renewal
A registered design right is valid for 20 years from the registration date and is not renewable.
Guide to Substantive Examination System Procedures
Guide to Partial-Substantive Examination System Procedures
