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We need following documents and information for filing a patent application in Republic of Korea.
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- Normal Application
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1) Name(s), Address(es) and Nationality of applicant(s);
2) Name(s), Address(es) and Nationality of inventor(s);
3) Specification, Abstract, Claim(s) and Drawings(if any);
4) Priority documents(if any);
5) Information as to whether or not request for examination should be made when filing; and
6) Power of Attorney
simply signed by the applicant. [DownLoad]
Priority Claim(Translation of the
Priority Documents)
If convention priority is claimed, basic filing particulars of priority application (including the application number, the filing date, and the country priority application was filed) on which a claim of priority is based, must be specified in a Korean application. Priority documents should be filed within the sixteen(16) months from the earliest filing date. Extension is NOT allowed. If the priority document is not submitted within that the above period of time, the claim of priority will be considered not to have been claimed. Translation into Korean of the priority document is not required to file at the time of filing. Korean translation of the priority documents however shall be filed when the Examiner, if needed, request the applicant to file it.
Request for Substantial Examination
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 If no request for examination is made within this five-year period, the patent application is deemed to have been withdrawn.
Power of Attorney
Though original Power of Attorney must be filed when filing, in URGENT case faxed copy thereof will be available provided original Power of Attorney should be filed later, within about a month from the filing date.
Use of General Power of Attorney form
Use of a General Power of Attorney is recommended because it can be used for future cases of the same applicant, thus saving the client time and expenses. A General Power of Attorney form can cover applications for patents, utility models, trademarks and designs and subsequent proceedings. However, filing of oppositions and procedures in inter parties trial cases requires a separate Power of Attorney.
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- PCT National Phase Entry Application
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1) PCT Request and/or Demand;
2) Specification, claims and drawings(if any)(If the PCT application is not published) or PCT Application No. and/or Publication No. (If the PCT application is published);
3) Information as to whether or not request for examination should be made when filing;
4) Amendments made under PCT Act.19 and PCT Act. 34 (if any); and
5)
Power of Attorney
simply signed by the applicant. [DownLoad]
Time limits applicable for entry into
the Korean national phase
o 31 months from the priority date is available for all PCT international patent applications under PCT Article 22(1) and PCT Article 39(1)(a), irrespective of whether the international patent application will go through international preliminary examination or not.
Translation of the Priority Documents
Translation into Korean of the priority document is not required to file at the time of filing. Korean translation of the priority documents however shall be filed when the Examiner, if needed, request the applicant to file it.
☞ Patent Application Procedures
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We need following documents and information for filing an utility model application in Republic of Korea.
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- Normal Application
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1) Name(s), Address(es) and Nationality of applicant(s);
2) Name(s), Address(es) and Nationality of deviser(s);
3) Specification, Abstract, Claim(s) and Drawings(compulsory);
4) Priority Documents(if any); and
5) Power of Attorney
simply signed by the applicant. [DownLoad]
Priority Claim(Translation of the Priority
Documents)
If convention priority is claimed, basic filing particulars of priority application (including the application number, the filing date, and the country priority application was filed) on which a claim of priority is based, must be specified in a Korean application. Priority documents should be filed within the sixteen(16) months from the earliest filing date. Extension is NOT allowed. If the priority document is not submitted within that the above period of time, the claim of priority will be considered not to have been claimed. Translation into Korean of the priority document is not required to file at the time of filing. Korean translation of the priority documents however shall be filed when the Examiner, if needed, request the applicant to file it.
Power of Attorney
Though original Power of Attorney must be filed when filing, in URGENT case faxed copy thereof will be available provided original Power of Attorney should be filed later, within about a month from the filing date.
Use of General Power of Attorney form
Use of a General Power of Attorney is recommended because it can be used for future cases of the same applicant, thus saving the client time and expenses. A General Power of Attorney form can cover applications for patents, utility models, trademarks and designs and subsequent proceedings. However, filing of oppositions and procedures in inter parties trial cases requires a separate Power ofAttorney.
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- PCT National Phase Entry Application
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1) PCT Request and/or Demand;
2) Specification, claims and drawings(compulsory)(If the PCT application is not published) or PCT Application No. and/or Publication No. (If the PCT application is published);
3) Amendments made under PCT Act.19 and PCT Act. 34 (if any); and
4) Power of Attorney simply signed by the applicant .
Time limits applicable for entry into the
Korean national phase
o 31 months from the priority date is available for all PCT international patent applications under PCT Article 22(1) and PCT Article 39(1)(a), irrespective of whether the international patent application will go through international preliminary examination or not.
Translation of the Priority Documents
Translation into Korean of the priority document is not required to file at the time of filing. Korean translation of the priority documents however shall be filed when the Examiner, if needed, request the applicant to file it.
☞ Utility Model Application Procedures
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We need following documents and information for filing a trademark application in Republic of Korea
1) Name(s), Address(es) and Nationality of applicant(s);
2) Mark(if possible, along with its digital format preferably in jpg or tiff format);
3) Specification of Goods and Class (NICE) ;
* Korean Intellectual Property Office requires the applicant to designate the very specific name of goods according to NICE.
4) Priority Documents(if any); and
5) Power of Attorney
simply signed by the applicant .[DownLoad]
Multi-Class Application
A trademark application may be filed for goods or services which fall under several classes in accordance with the Nice Classification.
Priority Claim
If convention priority is claimed, basic filing particulars of priority application (including the application number, the filing date, and the country priority application was filed) on which a claim of priority is based, must be specified in a Korean application. A convention trademark/service mark application must be filed in Korea within the six (6) months of the date that the basic foreign application has field. A certified copy of the basic application may be submitted to the KIPO up to three (3) months after the Korean application is filed.
Power of Attorney
Though original Power of Attorney must be filed when filing, in URGENT case faxed copy thereof will be available provided original Power of Attorney should be filed later, within about a month from the filing date.
Use of General Power of Attorney form
Use of a General Power of Attorney is recommended because it can be used for future cases of the same applicant, thus saving the client time and expenses. A General Power of Attorney form can cover applications for patents, utility models, trademarks and designs and subsequent proceedings. However, filing of oppositions and procedures in inter partes trial cases requires a separate Power of Attorney.
☞ Trademark Application Procedures
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We need following documents and information for filing a design application in Republic of Korea
1) Name(s), Address(es) and Nationality of applicant(s);
2) Name(s), Address(es) and Nationality of creator(s);
3) One set of drawings or photographs comprising the front elevation, rear elevation, top view, bottom view, right side view, left side view (if not symmetrical), perspective view and other views(e.g. a sectional view), if necessary or useful in describing the design;(Where the article representing the design is of a flat shape, only the top and the rear views need to be included in the drawings.)
4) Priority documents(if any); and
5) Power of Attorney simply signed by the applicant . [DownLoad]
Priority Claim
If convention priority is claimed, basic filing particulars of priority application (including the application number, the filing date, and the country priority application was filed) on which a claim of priority is based, must be specified in a Korean application. A convention design application must be filed in Korea within six (6) months of the date that the basic foreign application has field. A certified copy of the basic application may be submitted to the KIPO up to three (3) months after the Korean application is filed.
Power of Attorney
Though original Power of Attorney must be filed when filing, in URGENT case faxed copy thereof will be available provided original Power of Attorney should be filed later, within about a month from the filing date
Use of General Power of Attorney form
Use of a General Power of Attorney is recommended because it can be used for future cases of the same applicant, thus saving the client time and expenses. A General Power of Attorney form can cover applications for patents, utility models, trademarks and designs and subsequent proceedings. However, filing of oppositions and procedures in inter partes trial cases requires a separate Power of Attorney.
Similar Design
Anyone who is either the owner of a design right or the applicant for registration of a design right is entitled to obtain a similar design registration for a design which is similar to either his or her registered design or to his or her pending design application. It is not possible to obtain a similar design based on an existing similar design registration.
Multi-design
For examination-free goods of the same class, up to twenty designs can be filed as a single application ("Multi-design application"). A multi-design application can be filed to cover a design and its similar designs en bloc.
Registrability of non-examination
design
When it comes to examination-free design articles, they may be granted a registration provided that the filing formalities are completed and they do not violate the public order and good practice.
Secret Design
Any applicant for registration of a design may request that the design be kept secret for a designated period not exceeding three years from the date that the design right is registered.
☞ Design Application Procedures
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Documents listed below except Power Form require to be legalized.
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- Assignment
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Assignment of either a pending application or a registered right must be recorded to enforce the legal rights of its owner(s). To record an assignment, the following documents must be filed:
1) Deed of Assignment asigned by the assignor only;
2) Power of Attorney from both the assignor and the assignee.
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- Recordation of name/address change.
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To record an applicant's or registrant's change-of-name and change-of-address, we need the following documents:
1) Certificate of Name Change or
Certificate of Address Change; and
2) Power of Attorney.
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- Recordation of Licence.
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An exclusive license comes into existence by an establishment contract and registration of the exclusive license. When a patent(utility
model, trademark or design, hereinafter patent) right is jointly owned, the consent
of all the co-owners is required in granting an exclusive license. An exclusive licensee
shall have the exclusive right to work the patented invention commercially or industrially
to the extent provided by the terms of the agreement. In the license agreement, the
term (for example: for 10 years), the area (for example: in Korea) and content (for
example: for production and sales) can be restricted as desired. A nonexclusive licensee
has no obligation to register the license. But non-exclusive licenses cannot be enforced against any third party unless they are
recorded in the patent register.
Patent or Utility Model Licence
(a) License agreement, indicating whether it is an exclusive or non-exclusive license;
(b)
Certificate of corporate nationality
of the patentee (or
certificate of individual nationality
);
(c) Powers of attorney of the patentee and the licensee; and
(d) Certificate of corporate nationality
of the licensee (or
certificate of individual nationality
)
Trademark Licence
The license agreement may be in a simplified form stating: 1) the designated goods; 2) the term of the license agreement; and 3) the area of use.
(a) License agreement, indicating whether it is an exclusive or non-exclusive license;
(b) Power of Attorney from licensor and licensee;
(c)
Certificate of corporate nationality
of the licensor (or
certificate of individual nationality
); and
(d)
Certificate of corporate nationality
of the patentee (or
certificate of individual nationality
);
Design Licence
(a) License agreement, indicating whether it is an exclusive or non-exclusive license;
(b)
Certificate of corporate nationality
of the registrant (or
certificate of individual nationality
);
(c) Power of Attorney of the registrant and the licensee; and
(d)
Certificate of corporate nationality
of the licensee (or
certificate of individual nationality
)
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