The procedures for registering a utility model are the same as that of patent except for some notification periods.

01. Applicant

Either the inventor of an inventions or his assignee can file a patent application for the invention with KIPO. The applicant may

be either a natural person or a juristic person.

02. Documents Required

a) Specification, claims and drawings;

b) The basic filing date and filing number for the priority application, and certified copy of priority documents. (if any);

c) The name, address and nationality of the inventor(s)/applicant(s) and the representative of a company/legal entity;

d) An original Power of Attorney signed by the applicant;

03. Claim of Priority

In order to enjoy the priority right, an application should be filed in the Republic of Korea within 1 year from the filing date of

the priority application. The priority document above mentioned may be submitted within one year and four months from the

priority date. If the priority document is not submitted within that period of time, the claim of priority will become null and

void.

When a patent application is submitted to KIPO, it is checked to ensure that all requirements necessary to accord the

application a filing date have been satisfied. Once the application has satisfied the requirements, KIPO assigns an application

number and examines as to whether or not other formality requirements under the Patent Act have been met. If KIPO discovers

that a document or information is missing, such as power of attorney or the name of the representative of the juristic person, it

will issue a notice of amendment requesting the applicant to supplement the missing data, within the specified a time limit. The

applicant may obtain an extension of the designated time period. If the applicant does not comply with such a request within

the designated or any extended period, the patent application will be nullified and then considered as having never been filed.

Applications that have not yet been published will be automatically laid-open in the official gazette called "Patent Laid-open

Gazette" after 18 months from the filing date in the Republic of Korea or, if the right of priority is claimed from an earlier

foreign filing, from the priority date. The laid-open publication may be made, upon the request of the applicant, prior to the

eighteen-month period. This will provide an earlier protection to a patent application which is being infringed. Once a patent

application has been laid-open, any documents relating to the application are made available for public inspection.

Furthermore, any person may submit to the Commissioner of KIPO information relevant to the patentability of the invention

concerned together with any supporting evidence. The Patent Act offers a special legal effect upon a laid-open patent

application: under Article 65(1), if the applicant sends a warning letter to an alleged infringer after his application has been laid

-open, any subsequent computation of a reasonable amount of compensation will be reckoned from the date when the

infringer receives the warning letter. The compensation, however, can be collected only upon the publication (for opposition

after the substantive examination) of the patent application.

A patent application will be taken up for examination only if a request for examination is made either by the applicant or by any

interested party within 5 years from the filing date of the application. If no request for examination is made within this five-year

period, the patent application is deemed to have been withdrawn. Once a request for examination has been duly filed, it can-

not be withdrawn. A patent application is taken up for examination in the order of filing the request for examination thereof.

If the examiner finds a ground for rejection of a patent application, a notice of preliminary rejection will be issued; and the

applicant will be given an opportunity to submit a response to the preliminary rejection within a time limit designated by the

examiner. Such time limit is extendable upon the request for an extension by the applicant.

When a patent applicant receives a notice of decision to grant a patent, the applicant should pay, as a registration fee, the first

3 years' annuities within 3 months from the date of receipt of such notice. In case the applicant fails to pay the registration fee

within the three-month period, the registration can still be made by paying twice the usual fee within 6 months after the

expiration of the three-month period. Therefore, if the registration fee is not paid within 9 months from the date of receipt of a

notice of decision to grant a patent, the patent application will be deemed to have been abandoned.

In order to ensure the prompt granting of a right, the Pre-grant Opposition System was abolished and the Post-grant

Opposition System has been implemented since July 1, 1997. Where the examiners find no grounds for refusal of a patent

application, KIPO publishes the patent registration after the patent applicant pays the registration fee. Once a patent has been

published in the Patent Registration Gazette, any person may file an opposition against the registration of the patent within 3

months from the publication date.

According to Article 61 of the Patent Act, the Commissioner of KIPO may have a particular category of patent application

examined ahead of other patent applications. KIPO’s Regulation Concerning the Procedure for Handling Requests for Expedited

Examination provides that applications eligible for such expedited examination are limited to the following categories:

01.

In case it is considered that an invention has been commercially worked by a person who is not the applicant, after his

application has been laid-open: and

02.

In case an application has been laid-open and

a) it relates to goods for defense industry and processes for the preparation thereof, as defined in the Special Measures Act

　Relating to Defense Industry.

b) it relates to facilities for the prevention of environmental pollution or a process thereof

c) it is directly involved in the promotion of export as evidenced by export records, a letter of credit and a request from the

　buyer of exported goods to show a patent right therefor, or

d) it is made by an employee of the central government, a local government, or a research institute sponsored by central or

　local government.

The Republic of Korea Joined the Patent Cooperation Treaty (“PCT”), Chapter Ⅰ in 1984 and Chapter Ⅱ in 1990. Therefore, an

international application under the PCT can be filed directly with KIPO or the International Bureau of WIPO.

In order for an international application filed under the PCT designating the Republic of Korea (“KR”) to enter into the national

phase, the following documents are required:

a) Specification, claims and drawings;

b) The basic filing date and filing number for the priority application, and certified copy of priority documents.(If any);

c) The name, address and nationality of the inventor(s)/applicant(s) and the representative of a company/legal entity;

d) An original Power of Attorney signed by the applicant;