Table of Contents
Patents of Invention
Legal Basis
– Patent Law, as revised and amended many times since December 29, 1982. Last amended on February 20, 2024 (effective from August 21, 2024).
Membership in International Conventions
– Paris Convention.
– Patent Cooperation Treaty (PCT).
Filing Requirements
– Specification with claims and abstract;
– Power of attorney (no legalization);
– Drawings (if any), (297 by 210 mm);
– Name(s) and address(es) of the inventor(s);
– Certified copy of the priority application(s), if priority is claimed.
Remarks
National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months (one month extendible as from the filing date of January 1, 2015).
Validity: for patents granted on applications filed on or after July 1, 1987 and before September 1, 1990, the longer of 20 years from filing date or 15 years from date of publication for opposition (if applicable) or date or registration; for all other patents, 20 years from the filing date. For patents covering drugs or agricultural chemicals, extension of duration for up to five years is possible if they satisfy certain requirements. For patents granted on applications filed on or after March 15, 2012 where an application is registered belatedly after the later date of four years from the filing date or three years from the request date for examination, extension of duration for the delay is possible. However, a delay caused by the applicant is excluded from the extension of duration.
Annuities: the 1st to 3rd year annuities must be paid in a lump sum before registration of a patent, the 4th year annuity before the last day of the 3rd year (counted from the date of payment of registration fee) and so on. The amount is determined depending on the number of allowed claims.
Opposition: opposition was abolished as from July 1, 2007.
Request for cancellation of patent: for a patent of which registration of grant is made on or after March 1, 2017, anybody can request cancellation of the patent on the ground of lack of novelty or inventive step, etc., within six months after patent publication. The documents cited during the examination may not be presented as the grounds for cancellation. When the decision of cancellation of the patent is rendered by the Trial Examiners, the patentee can appeal the decision against the Commissioner of KIPO to the Patent Court.
Invalidation: anybody may demand an Invalidation Trial from the patent registration date to within three months after patent publication. After three months have passed from patent publication, only an interested party can demand an Invalidation Trial. For a patent of which registration of grant is made on or after March 1, 2017, only an interested party can demand an Invalidation Trial even if it is within three months from patent publication, along with introduction of the request for cancellation of the patent.
Trade and Service Marks
Legal Basis
– Trademark Law, as last amended on February 6, 2024 (effective from August 7, 2024).
Membership in International Conventions
– Paris Convention.
– Madrid Protocol.
Filing Requirements
– Power of attorney (no legalization);
– 1 print (ordinary paper size: 210 x 297 mm);
– Certified copy of the priority application, if priority is claimed.
Remarks
Duration – renewals: 10 years from the date of registration; renewable for further periods of 10 years.
Obligation to use the registered mark: there is no obligation to use a mark, but a registered trademark may be cancelled in a Cancellation Trial filed by an interested party if it has not been used within a period of three consecutive years after registration and immediately preceding the filing of the Cancellation Trial.
Opposition: within two months from the date of publication, anyone can raise an opposition by submitting to KIPO a statement of opposition together with evidence. The term for raising an opposition cannot be extended.
Industrial Designs
Legal Basis
– Design Law, as last amended on February 6, 2024 (effective from August 7, 2024).
Membership in International Conventions
– Paris Convention.
– Hague Agreement, Geneva Act.
Filing Requirements
– Power of attorney (no legalization);
– Drawings (1 set of ordinary paper; size 210 x 297 mm), or pictures (1 set; size: larger than 70 x 100 mm);
– Priority document (if priority is claimed).
Remarks
Duration: for applications filed before July 1, 2014, the duration, which is 15 years from the date of registration, may not be extended. For applications filed on or after July 1, 2014, the duration is 20 years from the filing date of an application, may not be extended.
Opposition: (1) with respect to partially examined designs, any person can file an opposition against a registered design within three months from the date of publication of its registration; (2) with respect to examined designs, not provided for.
Domain Names
Filing
ccTLD: .kr (also available in Korean).
Applicant: individuals and legal entities.
Local presence: required.
Remarks
Duration – renewals: one year, renewable.
Uniform dispute resolution procedure: none, but an administrative procedure other than UDRP is available before KISA.