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Both patent and utility model systems of Korea are very similar in objects of the Law, conditions and requirements to grant a right and the procedure. The basic idea governing both systems is that the bigger the invention, the stronger the right. Therefore, the "utility model" is defined as "a creative DEVICE of a technical idea utilizing rules of nature". A utility model right may be granted for a device that is industrially applicable SHAPE or STRUCTURE of an ARTICLE or a COMBINATION of articles excluding any method. The Korean Utility Model system is characterized by:

- First-to-File Rule :
- Examination on Basic Requirements for Quick Registration
(Registration of Utility Model Right without Substantive-Examination, As from July 1, 1999. This system will be abolished from October 1, 2006. For more information click here)
- Request for Technical Evaluation
- Decision of Revocation or Maintenance through Technical Evaluation
Normal Application

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.

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 eariest 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 of Attorney.

PCT National Phase Entry Application

1) PCT Request and/or Demand;
2) PCT Application No. and/or Publication No.;
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.

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.

☞ Same as that of patent.

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. At the stage of examination of basic requirements the following items are examined

① Where the device is not related to the shape or structure of an article or a combination of articles
② Unregistrable Devices;
ㅇ Devices which are identical or similar to the notional flag or decorations
ㅇ Devices liable to contravene public order or morality or to injure the public health
③ Drafting of claims
④ Unity of utility model application
⑤ Whether the essential parts of the description or drawings has been included in the application or whether the description is evidently unclear.

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(2) month from the filing date. Therefore, Certificate of Utility Model Registration shall be issued within the three(3) months from the filing date. Term of utility model right is ten (10) years from the date of registration.

(1) License.
☞ Same as that of patent.

(2) Recordation of assignment.
☞ Same as that of patent.

Technical evaluation is different from the substantive examination in patent. Because the subject matter is already registered in the step before technical evaluation. Therefore, the examiner shall only make registration maintenance decision or registration revocation decision. Technical evaluation can be requested by any of the applicant, owner, exclusive licensee, non-exclusive licensee, interested party and examiner of the KIPO. Technical evaluation can be requested at any time after the filing date. Even if the term of utility model right has expired, technical evaluation can be requested when a interest of request exists.

If the Examiner finds a ground for revocation of a registration utility model, a notice of preliminary revocation shall be issued; and the applicant will be given an opportunity to submit a response to the preliminary revocation with a time limit designated by the examiner, Such time limit is extendable upon the request for an extension by the applicant. In responding to the preliminary revocation the applicant may file an argument with an correction to the specification and/or claims. If the examiner determines that the argument is without merit and the ground for revocation has not been overcome, he or she will issue a notice of revocation of registration utility model.

☞ Same as that of patent.