Korea Design Patent

1. Requirements for Filing Application

  • Name, address and nationality of the applicant(s);
  • Name, address and nationality of the creator(s);
  • Drawings or photographs of an article concerned including perspective view, front view, rear view, left-side view, right-side view, top view and bottom view, or a sample thereof;
  • Power of Attorney simply signed by the applicant;
  • Priority document if priority is claimed.

　

2. How to register

    (1) A design ( the shape, pattern or color of a combination of those in an article which produces an aesthetic impression in the sense of sight ) must meet the following conditions;

    • Industrial Applicability
    • Novelty
    • Creativity

    (2) Unregistrable Design

    A design identical with or similar to the national flag, national emblem, military flags, decorations, orders of merit, badges and metals of public organizations, the national flags and national emblems of foreign countries, or characters or indications of international organizations; Designs liable to contravene public order or morality; Designs liable to give rise to confusion with respect to articles connected with another person’s business; and Designs consisting solely of a shape that is essential to secure functions of the article.

    (3) First-to-File Rule

    Please make a reference to that of PATENT

　

3. Overview of Procedure

    (1) Examination System

    All pending design applications except for applications relating to the articles such as clothes, bedclothes, carpets, rugs, curtains, etc. having short-term life cycle.

    (2) Post-grant opposition system for non-examination items.

    Where an application for an unexamined design is registered, any person may file an opposition to the grant of the design right with Commissioner of the KIPO after the date of registration but within three months from the date of publication of the registration.

    (3) The others

    There are unique systems under the Design Act such as Similar Design, Secret Design, Design of a Set of Article, etc.

　

4. Term of Utility Model Rights

    It is fifteen years from the registration date.