| 16958
.png "AdobeStock_221436387(7).png") Newly Updated Korean Enforcement Regulations of the Patent Act and the Utility Model Act (effective from November 1, 2024) - The same regulation is now being prepared for the Design Act - New system for a correction of the inventor's information Previously, a correction of the inventor's information was possible practically at any time, and the correction was possible without any evidence before registration by paying a registration fee, so called ‘registration of establishment’. Under the new regulations, the inventor's information cannot be corrected during the period from the decision of allowance to the registration of establishment (but, if there is no change in identity*, it can be corrected at any time). * For example, change of name or address, simple typo, difference in the transliteration for foreigners, etc. As the most critical change, if the inventor is to be added or corrected before registration of the establishment, the document signed by the applicant and the additional or corrected inventor should be submitted. If there are any specific reasons (death, missing, etc.) that the additional or corrected inventor cannot sign, the reason may be specified for the signature to be omitted. Additional request of identity information of applicant and inventor for increased utilization of inventor information As the inventor information provides information on joint technology development with overseas inventors and information on the outflow of key domestic inventors, the KIPO has organized the following requirements so that the inventor's nationality and address (country) can be accurately entered for information construction.
[Applicant ID Code] - Mandatory: ‘Nationality’ and ‘Country of Residence’ (A person who has acquired multiple nationalities shall choose one nationality.) - Optional: ‘Date of Birth’ (Only for the foreign natural person. The Korean natural person shall enter their resident registration number as before.)
[Filing Document] If the inventor does not have an Applicant ID Code, the followings are required to prepare the filing document.
- Mandatory: ‘Nationality’ and ‘Country of Residence’ (A person who has acquired multiple nationalities shall choose one nationality.) - Optional: ‘Date of Birth’ (Only for the foreign natural person. The Korean natural person shall enter their resident registration number as before.)
※ Even if the country of actual residence in the application is not provided, it is not subject to correction because the KIPO does not verify the country of residence in the formality examination.
However, if the inventor's information is to be corrected in the future, the proof document may become more complicated, so it is desirable to enter the address and country of residence accurately at the first time of filing an application.
Order of examination of Divisional, Separation, and Conversion applications
Previously, as for the examination initiation of the divisional, separation, and conversion applications of an original application for which an examination request is already made, the order of examination request of the original application was applied.
Under the new regulations, the order of examination of the divisional, separation, and conversion applications shall be determined by the order of their own examination request.
|
|||
| List |
| prev | 2025 Season's Greetings |
|---|---|
| next | Key Changes to Korean IP Laws including shorter period for opposition and increase in punitive damages (effective from July 22, 2025) |
