Patent & Utility model

Practice Areas

Overview

The Republic of Korea (KR) joined the Patent Cooperation Treaty (“PCT”), Chapter I in 1984 and Chapter II in 1990. Accordingly, a PCT application can be filed directly with the Korean Intellectual Property Office (“KIPO”) or the International Bureau of WIPO.

After March 3, 2006, the domestic period for submitting documents in Korea is 31 months from the priority date. Accordingly, for the PCT application entering into Korea national phase within 31 months from the priority date, the international filing date shall be effective.

In the meantime, clients must pay special attention to avoid an unintended designation of KP (Democratic People’s Republic of Korea, or North Korea).

The Korean patent system is characterized by:

(ⅰ) First-to-File Rule;
(ⅱ) Publication of Unexamined Application;
(ⅲ) Request for Examination (Preferential Examination is possible);
(iv) Post-grant Opposition System

The procedures for registering a utility model is similar as that of patent except for some notification periods and term of right.

In order to file a patent application in Korea, it is required to receive an order letter from client, containing the specific information for the patent application to be filed in Korea.

The followings are also required at the time of filing:

(a) Information for Applicant and Inventor
– The full name, address and nationality of each applicant, or, if the applicant is a company, the legal address of the company headquarter is required;
– the full name, address and nationality of each inventor;
(b) Specifications: description, set of claims, drawings (if any) and abstract;
(c) Power of Attorney, signed by the applicant or by the representative of the applicant company. General Power of Attorney is highly recommended;
(d) *Priority Certificate of the home application, in order to claim Paris Convention priority;
(e) A copy of the Certificate of Deposit for any micro-organism being claimed (for the application relating to a micro-organism);
(f) A copy of the cover page of the WIPO publication of the corresponding PCT application.

An applicant need not to send us all pages of specification. However, if there have been any changes to the applicant or inventor data after the completion of international phase filing stage, the applicants are required to inform to us as such.

* Applicants claiming priority based on patent application filed in US, EPO and JPO, will no longer need to submit the priority document to KIPO. The online exchange of priority documents was made with the patent offices of the US, Europe and Japan to resolve applicants’ inconvenience and reduce administrative costs.

Flowchart for Korean Patent Procedure

Patent & Utility Model Group

Patent & Utility model Group of IROJE comprises efficient patent attorneys and staffs, having the necessary knowledge and experience, to handle all field of patent/utility model application. Our Patent & Utility Model Group includes Electrical & Computer Technology Team, Mechanical & Machinery Team, Chemical & Biotechnology Team and Civil & Architectural Team. Our Group always try to identify the exact needs of the clients and provide highly specialized IP services in patent prosecution, trial, litigation and strategic IP counsel on patent and utility model matters. We promise all clients can be assured that all work entrusted to this GROUP will receive vigilant and careful attention based on the long-standing experience of IROJE.

Electrical & Computer Technology Team

– Computer-Related Technology & Data Communication
– Industrial Electric & Electronic Application
– Electronic Circuit
– Semiconductor & Integrated Circuit Technology
– Liquid Crystal Display
– Business Model

Mechanical & Machinery Team

– Manufacturing Apparatus and Process
– Fluid and Heat Transfer
– Automobile and Transporting Vehicles
– Nuclear Power Plants
– Marine & Aeronautical Engineering

Chemical & Biotechnology Team

– Chemical – Biotechnology – Pharmaceuticals / Cosmetics – Polymer / Metal materials – Plant variety

Civil & Architectural Team

– Civil Engineering – Architectural Engineering

Our Patent & Utility Model Group provide the following legal service to our clients in various technologies:

– Inquiry for the Korean Patent/Utility Model system
– Search for prior arts
– Korean and International patent prosecution
– Response to Official Action
– Assignment and Licensing
– Annuity
– Patent Map
– Initiating and defending infringement suits in the area of patent and utility model cases
– Negotiating and preparing licenses and agreements relating to patent and utility model rights