DESIGNS
Korean Design Protection: Filing, Examination, and Portfolio Strategies for Product Appearance
We support Korean design filings with drawings strategy, priority handling, prosecution, and enforcement-ready portfolio planning—delivered with clear English reporting and predictable timelines.
1. Practical Guide for Foreign Counsel
Korean design rights are governed by the Design Act and administered by KIPO. Under Korea’s Substantive Examination System (SES), design applications are automatically examined in filing order. Examination generally takes about one year from filing.
Filing an Application
- Application: Names/addresses, article identity, and priority details.
- Reproductions: Design drawings or figures.
- Priority Documents: Certified copies (if applicable).
Timing note: The application and reproductions must be filed at the outset; other documents can be submitted later.
2. Procedure Flow & Drawings
Procedure Flow: Substantive examination for industrial designs.
Drawings Requirements
Drawings are central to defining the scope of protection. They should clearly indicate the article and its essential components. Applicants may submit photographs or 3D models in specific cases.
▲ TOP3. Examination Process
Formality Examination
KIPO checks minimum requirements to accord a filing date. Non-residents must file through a representative with a Korean address.
Publication of Application
Upon request, a design may be published in the Laid-open Gazette. This allows the applicant to send warnings to potential infringers and establish a basis for future compensation.
Substantive Examination
Applications are automatically examined. Expedited examination is available if third-party infringement is suspected or in other urgent cases.
▲ TOP4. Registrability & Registration
To be registrable, a design must meet definition standards, industrial applicability, novelty, and creativity. It must not be excluded based on public morality or functional necessity.
Grace Period
Korea provides a 12-month grace period for disclosures made by the applicant prior to filing, provided evidence is submitted within 30 days of filing.
FAQ
- Is examination automatic? Yes, under the SES, no separate request is needed.
- How long does it take? Usually about one year from filing.
- Is there a grace period? Yes, 12 months from the first disclosure.
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