The Korean Design Protection Act (DPA) has a related design that allows an applicant to continuously file for designs which are only similar to their prior-filed or prior-registered design (referred to as 'the basic design'), as related design applications.

<the design of cosmetic container of Brand A>

- The application period to file for a related design is extended from one year to three years.

- The new law clarifies that the basic design must be registered and maintained effective as a prerequisite by the time of the related design being registered.

- In case of two or more related design applications being filed at the same or different times to then be examined at the same time, they are not cited against each other for examinations of novelty, inventive step and a first-to-file-rule.

▶ By extending the application period, this amendment will expand the scope of design right protection for the development and sale of subsequent products, thereby supporting the design management of companies and enabling more effective protection for creative designs.

- With a justifiable reason*, the six-month statutory period for a priority claim can be extended to eight months. 

- Within three months of the filing date of the design application, the priority claim can be amended or added to, if upon filing of the application, any priority claim is already claimed.

- The submission deadline for priority documents can be extended from three months to five months if there is a justifiable reason*.

* “Justifiable reasons” are those unexpected despite the precautionary measures taken by the applicant, such as, earthquakes, data errors which occurred for unpredictable reasons despite the measure taken to avoid errors, a sudden quarantine or being affected by the virus, etc.

▶ Both the time extensions and revision opportunity for claiming a priority will facilitate for foreign design rights holders to obtain a Korean design right.

- Previously, to be eligible to claim for exemption from loss of novelty for a design, a design application should have been filed within a 12-month grace period after the design loses novelty and the claim for exemption should have been made 1) at a time of filing new application, or 2) until an examination is concluded or 3) when a reply is submitted in response to an opposition or an invalidation action.

- By the new law, there will be no longer any limitations such as above 1) to 3) on time for claiming exemption from loss of novelty for a design.

▶ By removing time restrictions, it will be easier for design right holders to assert and benefit from the exemption of loss of novelty.

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