Procedures for entering the Korean national phase of PCT international patent applications

Mondo Technology Updated on 2024-01-28

1. Concession Law

The invention patent is valid for 20 years.

It has an extension system.

Substantive examination system. 2. Utility model law

Utility model patents are valid for 10 years.

Substantive examination system. 3. Design protection

A design patent is valid for 20 years.

Substantive Examination System Partial substantive examination system.

1. It is not an invention

The laws of nature themselves, mere discoveries that do not belong to creation, inventions that violate the laws of nature, do not apply the laws of nature, skills, mere information, works of art, computer programming languages themselves, computer programs themselves, and cannot be repeated to obtain the same effect.

2. Cannot be authorized

Inventions and creations that are contrary to public order and good customs and harm public health.

3. The industry cannot be used

Medical acts、Cannot be used for "karma"、Obviously cannot be carried out。

1. Preparation

Distinguish the period for submitting amendments.

Confirm the applicant's information.

Uniform applicant numbering.

Pay attention to the power of attorney.

2. Submit the operation

Also submit Korean.

At the same time, a substantive examination is requested.

Pay attention to the file terminology.

Pay attention to the format of the submission.

1. Priority review system

The results of the examination will be obtained within 3 to 6 months after the request is made.

If it needs to be disclosed first, it can be announced early.

Priority Subjects for Examination (excerpts):

Third-party implementation: Provision of relevant **, etc.

Green technology, environmental pollution prevention related.

High-tech enterprise related.

Technological innovation of small and medium-sized enterprises.

The applicant uses the invention applied for as a business or intends to carry out his invention.

Electronic Trading.

Agreed with the foreign office: there is a prospect of authorization.

The Fourth Industrial Revolution is in the making.

An application to entrust a professional organization to conduct a prior art survey.

2. Re-examination system

The amendment shall be made within 30 days from the date of receipt of the decision of refusal.

Re-examination will be conducted by the original examiner.

Multiple notifications of reasons for refusal may be issued.

Pay attention to the time of division and the time of submission of the review.

Re-examination is irrevocable.

vs pre-review.

3. Positive review

Provide correction and modification directions.

Correction of authority. Reasons for initial refusal, reasons for final refusal.

Preparatory review. Amendment review

Bracket review. Re-examination of the meeting.

1. Registration

The authorizing decision is to pay the annual fee for 1 3 years within 3 months.

According to the number of claims.

2. Registration certificate

Foreign language version. Portable version.

Re-application is possible.

3. Annual fee

A multi-year annual fee can be paid in a lump sum.

1. Extension of the term of protection

According to Article 89 of the Korean Patent Act, if a license or registration is required under other laws and regulations for the implementation of a licensed invention, and the license or registration requires long-term efficacy and safety testing, the concession period may be extended for up to five years, but only once

2. Deferred submission of claims

If the claim is not stated at the time of filing, the claim shall be corrected within 14 months from the priority date.

3. Public-known exceptions

1 year, there is the right to be granted to the concessionaire disclosure, etc.

1. Rejection review

Within 30 days from the date of receipt of the refusal decision, it may be extended for 30 days.

2. Correction of trial

Corrections are made to cases that have already been authorized.

3. Other rejection trials

4. Invalidity trial

5. Franchise cancellation application system

6. Other invalid trials

7. Claim confirmation trial (interpretation of the scope of rights).

8. Permission to try

9. Trademark-related trials

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