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What information and documents are required to file a patent application in Korea?
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In order to file a patent application, we need the following information and documents:
i) Name and address of an applicant (if incorporated, its address and representative's name);
ii) Name(s) and address(es) of the inventor(s);
iii) Title of invention, specification, claims, Abstract, and drawings (if any);
iv) If the right of priority is claimed, the priority document which is a certified copy of the priority application;
v) If claiming grace period in inventiveness, a written statement of that intention and a document proving the relevant facts; and
vi) Power of Attorney (POA) or a General Power of Attorney (GPOA), if necessary.
All documents must be translated into Korean before filing - no other languages are acceptable. The priority document may be supplemented after the filing, with payment of prescribed fees. |
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What documents are required to claim a priority right under the Paris Convention?
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A claim of priority right must be submitted with the filing of the application. Priority documents must be submitted to the Korean Intellectual Property Office (KIPO) within 16 months from the priority date. In case of an entry into the Korean national phase of a PCT application, an applicant does not need to prepare a priority document because it is delivered to KIPO through WIPO. |
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For a PCT application, what is the procedure for entry into the Korean national phase?
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To gain entry into the Korean national phase, the applicant must file a national application with the KIPO within 31 months from the earliest priority date. The documents required are the same as those for a conventional national application (see answer to question No.1). If any amendments or name change have been made during the international stage, a copy and a translation of relevant documents are also required. |
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I would like to know about the general power of attorney system in Korea.
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The KIPO now accepts a general power of attorney as of January 1, 1999. All proceedings may be undertaken under this system, and the general attorney right can be granted to any agent(s), or withdrawn at any time. However, in the case of litigation, one must use a conventional power of attorney form. |
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What are the criteria on the novelty of an invention in Korea?
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Under the Korean Patent Act , an invention lacks novelty where:
i) the invention was known or worked publicly in Korea before the filing date (or the priority date if claimed);
ii) the invention was described in a publication distributed in Korea or in a foreign country before the filing date (or the priority date if claimed);
iii) the invention was available by the public before the filing date (or the priority date if claimed) through an electrical communication network including an internet server maintained by a governmental office, public university, or public laboratory; or
iv) the invention was disclosed in a Korean patent or utility model application having an earlier filing date (or priority date if claimed).
The requirement iv) above is applicable only when the earlier application is laid-open or published by the KIPO. |
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Does Korea have a deferred examination system?
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Yes, Korea has such a system. Substantive examination for a patent application may be requested within five (5) years from the date of application (or in the case of a Korean national phase entry for a PCT application, within five (5) years of the international filing date). An application will be examined according to the chronological order its request for examination is made. If the request is not made within five (5) years, the application is deemed abandoned. |
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What are the costs for a patent application in Korea?
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Government official fees and attorney fees are the main costs. Usually, the attorney fees follow the fee tariff set by the Korean Patent Attorneys Association; however, fees can be negotiated with a your attorney. The reality is that Korean translations are not inexpensive. The more pages there are, the more costly it is. Further, costs, including official fees of request for examination and annuity depend on the number of claims. In order to reduce the costs, the proper number of claims is recommended. |
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What about filing on-line in Korea?
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The on-line system has become available as of January 1, 1999. A computer file containing the invention can be sent to the computer network at the KIPO. Applications for new utility models or trademarks can also be submitted on-line.
The government official fees for on-line applications are lower than what is charged for conventional paper applications. As of August 2001, electronic applications account for over 90% of the filed applications; most Korean patent attorneys use the on-line system. However, as the image resolution may be low in certain type of pictures (e.g. those taken by electron microscope), the conventional paper application is recommended in such cases. |
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When filing a patent application in Korea, what sort of issues should you be aware of?
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Korea is a member of the PCT, Paris Convention, and WTO. The Korean Patent Act follows the international standard for the formal and substantive examination of a patent application. In most cases, a foreign application can be directly translated into Korean to be submitted as a Korean patent application.
Under the Korean Patent Act, a multiple dependent claim which refers to another multiple dependent claim is not acceptable. That is, any claim referring to two or more claims shall not serve as a basis of any other multiple dependent claims. Also, an omnibus claim and a use claim are not accepted. |
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I would like to know about the new utility model registration system in Korea.
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As of July 1, 1999, the utility model registration system in Korea changed from a post-examination grant system to one that has no substantive examination. However, as of October 1, 2006, the utility model registration system in Korea changed from no substantive examination to a post-examination grant system. As a result of this change, the procedures in filing of an application, examination, and registration for a utility model has become identical to that of a patent. The term for a utility model registration was shortened to 10 years (from the previous 15 years) after the date of application and a request for examination must be made within three (3) years from the date of application. Further, a method invention cannot be filed under the current utility model system. |
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