Here are answers to the questions people frequently ask. If you cannot find your question here, please send your question to us via e-mail at ip@bspat.com.​

General

Q. What types of intellectual property rights exist in Korea?

A. You can register IP rights for patents, utility models, trademarks and designs before the Korean Intellectual Property Office (KIPO).

Patent

Q. What are the requirements for a patent?

A.  

○ Simple signed Power of Attorney (no notarization/legalization required)

○ A certified original copy of priority document (if a priority is claimed based on applications filed in foreign countries other than Japan, USA, EPO, China, Taiwan, or countries joining in DAS)

Q. What are the requirements to enter the Korean National Phase for PCT applications?

A. The KIPO adopts 31-month time limit for entry into Korean national phase. To enter the Korean National Phase, you need a simple signed Power of Attorney and a Korean translation of the PCT application if the WIPO publication of the PCT application is not in Korean.

Q. What is the time limit for requesting the substantive examination?

A. The applicant shall file a request for substantive examination within 5 years (3 years for PCT application or direct Korean application filed on or after March 1, 2017) after a filing date, however, upon that the examination fee is paid, the substantive examination starts, and a backlog of Korean patent office is about 18 months.

Q. How long does a patent registration last?

A. Patents are valid for a period of 20 years beginning from the filing date of the application.

Q. What are Renewal/Maintenance fees?

A. Korean patent law does not require the payment of maintenance fees for a pending application. The annuity is due once the application is registered.

Utility model

Q. What are the differences between utility model and patents?

A. Technical inventions can be protected by both patents and utility models. However, a method claim is protected by only patents. The term of protection of utility models is for 10 years. Differently from other jurisdictions where utility model is separately prosecuted from patents, for example, China and Japan etc., utility models in Korea are examined in view of novelty and inventive step before registration, just same as in patents.

Q. What are the requirements for a utility model?

A.  

○ Simple signed Power of Attorney (no notarization/legalization required)

○ A certified original copy of priority document (if a priority is claimed based on applications filed in foreign countries other than Japan, USA, EPO, China, Taiwan, or countries joining in DAS)

Trademark

Q. What are the requirements for a trademark?

A.  

○ Simple signed Power of Attorney (no notarization/legalization required)

○ A certified original copy of priority document (if a priority is claimed)

Q. Is there any difference between a word mark and a device mark?

A. A word mark and a device mark do not make a difference in cost, and we do not need color specification even if a mark includes a color.

Q. How long does it take to grant a trademark?

A. Approximately 10 to 12 months will take for the application to be registered in a straightforward case. If there is a dispute such as filing an opposition, additional 12 months over will take.

Also, Korean trademark law adopts a first to file rule, thus it is recommend to file new application as soon as possible to secure earlier filing date, exceptionally you can enjoy a priority over other's earlier application generally if your mark obtains a degree of reputation or fame in Korea or overseas and a bad faith or malice of the earlier application is to be proven.

Q. What is the KIPO’s publication process for a trademark registration?

A. After a mark application has been successfully examined and all issues are resolved, the mark is published. The date of publication initiates a 2-month period for third parties to oppose registration of the mark.

Q. How long does a trademark registration last?

A. The term of trademark protection starts on the registration date and initially lasts 10 years. It can be renewed by further 10-year periods, by payment of the renewal fee.

Design

Q. What are the requirements for a design?

A.  

○ Simple signed Power of Attorney (no notarization/legalization required)

○ Priority information, if applicable, and a certified copy of priority document issued by PTO

○ Title of Design and simple explanation such as the purpose of use and the main points of the design, or you can just send us a specification if you have.

○ Whether or not a design application seeks protection either for the whole design of the figure or a partial design of the figure. Under the Korean practice, if the figure includes the dotted line, the design application is to be filed for such partial design defined by the dotted line.

Q. What is the difference between ‘substantive examination’ vs. ‘partial substantive examination’?

A. In case of a partial examination, novelty and inventive step (creativity) as well as first to file rule are not reviewed unless an opposition is filed, while a design filed based on a substantive examination is examined for all of the above. However, even with the partial examination design application, whether or not to be similar to widely available design is reviewed. Classes 2, 5, and 19 (as per Locarno Classification) are applied to a partial substantive examination.

Q. How long does a design registration last?

A. A design right arises on the date of the registration and lasts for 20 years from the filing date of the design application.

Do you have any further questions?

Please call us on +82-2-586-2019 or write us an e-mail to ip@bspat.com​

We will be pleased to answer your questions about intellectual property rights in Korea.