Patent

1. Requirements for Filing Application

• Name, address and nationality of the applicant(s);
• Name, address and nationality of the inventor(s);
• Specification including the title and detailed description of invention, claim(s), etc., a set of drawings if any, and abstract;
• Power of Attorney simply signed by the applicant;
• Priority document if priority is claimed.

　

2. How to register

(1) An invention ( the highly advanced creation of technical ideas utilizing rules of nature )
     must meet the following conditions;

• Industrial Applicability
• Novelty
• Inventive Step

(2) Unpatentable Inventions

An invention liable to contravene public order or morality or to injure public health.

(3) First-to-File Rule

Where two or more patent applications relating to the same invention are filed on different dates, only the application of the application having the earlier filing date may obtain a patent for the invention.

　

3. Overview of Procedure

(1) Publication of unexamined application.

Except for patent applications which must be kept secret for national defense purposes, all pending applications shall be automatically laid open in the Patent Gazette after one year and six months from the filing date of the applications, or upon the request by applications even before one year and six months from the filing date.

 

(2) Request for Examination

All pending applications are examined only if a request for examination thereof are filed with the KIPO. Such a request may be filed irrespective of the laying open of the application but should be filed within five years from the Korean filing date of the application (if utility application, it should be filed within three years from the filing date). Examinations are carried out substantially in the order of the filing dates of requests for examination.

　

4. Term of Patent Rights

A. Patent
It is 20 years from the filing date of the patent application.
B. Utility
It is 10 years from the filing date of the patent application.
C. Payment of the maintenance fee
The Patent and Utility rights are established practically by the payment of the registration fee.
After the payment of the registration fee, the rights must be maintained by the payment of the annual fee (i.e., maintenance fee).