The Korean patent system, administered by the Korean Intellectual Property Office (KIPO), is characterized by several key features and follows a structured application procedure:
First-to-File Rule
Korea operates under the first-to-file principle, granting patent rights to the first person to file an application, regardless of the invention date.
Publication of Unexamined Applications
Patent applications are typically published 18 months after the filing date or priority date, making the details publicly accessible.
Request for Examination
An examination must be requested within 5 years from the filing date for patents (3 years for utility models). If not requested within this period, the application is deemed withdrawn.
1. Filing an Application
Applicants (individuals or entities) submit required documents to KIPO. Applications must meet formal requirements; missing information must be supplemented within the specified period.
2. Formality Examination
KIPO reviews the application to ensure all formal requirements are met. Missing information may lead to a request for amendment; failure to comply can result in the application being considered as never filed.
3. Request for Examination
A request must be made within 5 years (3 years for utility models) from the filing date. Once requested, the application enters the examination queue.
4. Substantive Examination
KIPO examines the application for compliance with patentability requirements, including novelty, inventive step, and industrial applicability.
5. Decision to Grant or Reject
If no grounds for rejection are found, KIPO issues a decision to grant the patent.
If issues are identified, a notice of preliminary rejection is issued, allowing the applicant to respond or amend the application.
6. Registration and Publication
Upon a decision to grant, the applicant must pay registration fees. The patent is then registered and published in the Patent Registration Gazette.
7. Opposition and Appeals
Post-publication, third parties may file oppositions within a specified period. Applicants can appeal decisions of rejection through KIPO's trial and appeal system.
Overview of Patent Filing and Examination Procedures
