Korean Patent Application
korean patent system a brief introduction
Korean Patent Law was enacted in 1961 in Law No. 950 of December 13, 1961. Since then, it has been amended many times in response to the changing conditions in industry and intellectual property, both domestic and international. The most recent amendments, which are effective as July 1, 1996, were made to harmonize the Korean intellectual property laws with the Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement. Of particular note, is the provision of a twenty year patent term. Upcoming amendments include changes to the opposition procedure, effective July 1, 1997, and changes to the trial system, effective March 1, 1998.
Conditions for acquiring patent rights
A patent must have industrial applicability: it must be usable in industry.
The technology must have novelty: it must not be known to the public (prior art) before an application is submitted
The technology must have inventive step: it must not be easily derivable from prior art, even though it differs from prior art
Effect and term of a patent right
The term of a patent right commences when the establishment of patent right is registered; it ends 20 years after the filing date of the patent application. The corresponding term for a utility model is 10 years.
The effect of a patent right is subject to the principle of territoriality; that is, it is valid only in the country where the right is obtained
Application Requirements
The following required in a patent application:
1. Power of Attorney - Signed by the applicant (notarization not required).
2. Name, Address and Nationality of the applicant(s) and/or inventor(s)
3. Specification, Claims and Abstract
4. Drawings, if present. The drawings should be on plain A4 sized paper and include all reference numerals. (If necessary, we are able to reproduce the drawings to confirm to provisions set by Korean Patent Law)
5. Priority Documents and translation thereof, if there is a priority claim. The priority document and translation may be submitted either at the time of filing or within 16 months from the priority date.
6. Other Documents - Assignment Certificate and Corporation Nationality Certificate, only if requested by KIPO. Normally, an Assignment Certificate is not required as applicants and inventors have separate status under Korean Patent Law. In addition Information Disclosure statement is not required.