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