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- A person seeking to acquire
patent right for an invention may legally request that he/she
be given the patent right in return for making the invention
open to the public. Accordingly, patent application must be
filed following the strict requirements and procedures.(a utility
model is defined as a petit invention for a device or an apparatus.
process, method or chemical product is not included)
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¢Ñ Requirements
to file a patent or utility model application in Korea : |
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- 1) Specification, abstract, claim(s) of the
invention in Korean and drawings (if necessary)
2) A Power of Attorney simply signed by the applicant(s)
3) A priority document if convention priority is to be claimed
4) The full name, address and nationality of the applicant(s)
(in the case
of a legal entity,
the title, place of business and name of its
representative) and those of the inventor(s)
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- A design registration allows
an individual or a business entity to acquire the legal right
to a design of certain shape, pattern or color or a combination
of these which produces an aesthetic impression in return for
making it open to the public.
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¢Ñ Requirements
to file a design application in Korea |
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- 1) The full name, address and nationality
of the applicant(s), as well as the creator(s)
2) Formal drawings drawn in seven views(front, rear, left side,
right
side, top, bottom and perspective)
3) A Power of Attorney simply signed by the applicant(s)
4) A priority document if convention priority is to be claimed
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- Trademark registration
is a right given to an individual or a business using a certain
sign, character, figure or shape on goods related to its business
for the purpose of distinguishing from others.
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¢Ñ Requirements to file a trademark application in Korea
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- 1) The full name, address and nationality
of the applicant(s)
2) 2 specimens of the mark
3) A
list of the designated goods or services
4) A Power of
Attorney signed by the applicant(s)
5) A priority document
if convention priority is to be claimed
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1. Filing applications in other countries |
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- This requires that each
filing for each different country be dealt separately according
to their different laws and languages.
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¢Ñ procedure for filing applications in other countries
individually |
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- 1) Requesting to file application
2)
Examination of the technology and search for a preceding technology
3) Drafting of the description of the invention in Korean
4) Examination of the draft by the inventor
5) Translation
of draft into official language of the country where the application
is to be filed
6) Submission
to Patent Office of the country
7) Decision to register
and submission of the registration fee
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2. PCT(Patent Cooperation Treaty) application |
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- A PCT is an agreement for
international cooperation in the field of patents. Where as
the traditional patent system requires the filing of individual
patent applications for each country for which the patent protection
is sought, a PCT application lets one application filed before
a Patent Office in a particular country be recognized
by other Patent Offices(the "designate offices").
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¢Ñ Procedure of PCT application |
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- ¡ß International Phase
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- 1) In case of filing the application before
a Patent Office, three sets of application
form, specification, claim(s), abstract of the invention and
drawings (if necessary) must be submitted.
Only 1 set need to be filed in case
of filing before the International secretariat of the WIPO
2) Examination of the methods by Patent Office or the International
Secretariat of the WIPO
3)
International search
4) Drafting of international search
report on the basis of the search
5) Sending the report
to the applicant and the international secretariat of
the
WIPO
6) International publication by the WIPO
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- ¡ß National Phase
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- 1) Submission of the translation to each
designated country 20 months from the priority
date(in case of international preliminary examination, 30 months
from the priority date)
2) Each
national procedures apply
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