Procedure for Granting Utility Model

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

Filing an Application

01. Applicant

Either the of a device or his/her assignee can file a utility model application for the device with KIPO. The applicant may be

either a natural person or a juristic entity.

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 deviser(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 with KIPO within 1 year from the earliest 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


Formality Examination

When utility model application is submitted to KIPO, it is checked 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 Utility Model Law have been met.

Basic Requirements Examination

Because there is no substantive examination concerning novelty, inventive step and industrial applicability under the non-

examination system, there will be examination of the basic requirements to avoid and eliminate minimum irrational elements in

the application before registration.


The examiner shall request registration of the utility model application promptly of no lacks concerning the basic requirements

can be found, but not before two months from the filing date. The reason for that is the same as in the case for the invalidation


Technical Evaluation

Technical evaluation is different from the substantive examination of patent. Because the subject matter is already registered in

the system before technical evaluation, technical evaluation can be requested for each claim while request of the substantive

examination should be requested for all claims.

Therefore the examiner shall only make registration maintenance decision or registration revocation decision for those claims

which are requested.

If technical evaluation is requested not for all claims and there are reasons of revocation for a part of claims, only those claims

are revoked. And for those claims where there is no reason of revocation, registration maintenance decision is made by the

examiner. Each claim which is requested must be technically evaluated and, in case of registration revocation decision the

reasons shall be written as for the case of ruling of refusal.

Technical evaluation can be requested by the applicant, owner, exclusive licensee, non-exclusive licensee, interested party and

examiner of the KIPO.

Technical evaluation can be requested at filing or at any time after the filing date. Even if the term of utility model right has

expired, technical evaluation can be requested when an interest of request exists.

A Dual Application

The applicant who has first filed a patent application has the opportunity to file a utility model application for the same

technical feature and establish a right for it without abandoning the patent application. On the other hand, the applicant who

has first filed utility model application and wishes to prolong the term of duration of right has the opportunity to file a patent

application and at the same execute his right based on the utility model.

The applicant must be the same as the applicant of the original application. The decision whether the both applicants are

identical follows the usual procedure for similar cases.

Dual application can be filed at the following dates. First, it can be filed at the filing date of the patent application. Second, it

can be done after filing the patent application and before the reception of decision to grant a patent or within 30 days from

the date of reception of ruling of refusal. Finally, within 1 year from the date of registration of the utility model application

dual application can be filed.

If the original application is an international patent application(PCT), the following special provisions will be applied to the


Dual application is possible if fees prescribed in article 82(1) of patent law is paid and the translation prescribed in article

201(1) of patent law is submitted.

Dual application is possible after the decision that the international patent application has turned to be a patent application

prescribed in article 214 of patent law .

Publication and Post-grant Opposition

It shall be noted that double patenting of patent and utility model is not allowed under the dual application system.

Therefore, when the patent is granted after utility model is registered (approximately in 3 month time), the

applicant must abandon the utility model in order to register the patent, and vice versa.

Double patenting is a reason for opposition procedure or trial of invalidation but not for registration cancellation

decision by technical evaluation. This is because the reason for registration cancellation decision by technical

evaluation is restricted to the reasons for registration requirement at filing(with the exception of matters concerning

right capacity).