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FAQ - Corée
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Questions
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What types of industrial property rights exist in Korea?
- What are the terms of Korean patents and utility models?
- What inventions cannot be patented in Korea?
- Can computer software be patented in Korea?
- Can an application in Korea be filed in English?
- How much time has an applicant who filed an international application in a foreign language to submit the corresponding Korean translation?
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Can a Korean application be published earlier than 18 months from application date?
- Is it possible to apply for a patent and a utility model at the same time?
- Can Korean utility models be converted into patents?
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Are third-party observations allowed in Korea?
- Are Korean patent and utility models subjected to substantive examination?
- How soon after filing an application must a request for examination be filed?
- On average, how long does it take for a patent application to be examined?
- Where can one find official information about fees in Korea?
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Can a lapsed patent be restored?
- How can one challenge a granted patent in Korea?
- Do SPCs (supplementary protection certificates) exist in Korea?
- Where can I find information about patent term extensions?
- Are Korean file histories open to public inspection?
- Is there anywhere I can search Korean patent information in English?
- Where can I obtain machine translations of Korean patent documents?
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How are Korean data handled in INPADOC?
If none of the answers supplied on this page cover your question, please specify your request and send it to us.
Answers
What types of industrial property rights exist in Korea?
Korea has patents, utility models, designs and trade marks. They can all be registered at the Korean Intellectual Property Office (KIPO).
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What are the terms of Korean patents and utility models?
For filings after 1 July 1999 in Korea, the term of protection is 20 years from the date of filing for patents and ten for utility models.
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What inventions cannot be patented in Korea?
According to Article 32 of the Korean Patent Act, any invention that is liable to injure public order, morality or public health shall not be patented.
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Can computer software be patented in Korea?
Yes, computer programs can be patented in Korea.
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Can an application in Korea be filed in English?
No, with the exception of PCT applications, Korea does not allow filing in English. However, the applicant is required to submit the names and addresses of inventor and applicant as well as the title of invention in English.
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How much time has an applicant who filed an international application in a foreign language to submit the corresponding Korean translation?
An applicant who filed an international application in a foreign language should submit a Korean translation of the documents within 31 months of the priority date according to the Article 201 of the Korean Patent Act.
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Can a Korean application be published earlier than 18 months from application date?
Korean applications can be laid open earlier than 18 months. Ever since 1 July 1996, the applicant has been able to request early publication under certain circumstances.
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Is it possible to apply for a patent and a utility model at the same time?
Prior to 1 October 2006, it was possible to file a patent application and a utility model application in parallel in order to get early protection for an invention. The registered utility model then had to be withdrawn at the time of grant of the patent. However, this system has now been abolished.
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Can Korean utility models be converted into patents?
With the abolition of dual filing in October 2006, Korea reintroduced the possibility of converting patent applications into utility model applications and vice versa.
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Are third-party observations allowed in Korea?
According to the Korean Patent Act any person may furnish the Commissioner of the Korean Intellectual Property Office with information and evidence that the invention concerned is unpatentable as described in Article 62. This provision only applies for applications filed on or after 1 October 2006.
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Are Korean patents and utility models subjected to substantive examination?
Korean patents are subjected to a prior art search and a substantive examination for novelty, inventive step and industrial applicability. From 1996 to 2006, utility models in Korea were registered without substantive examination. Substantive examination was reintroduced, however, on 1 October 2006.
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How soon after filing an application must a request for examination be filed?
Requests for examination should be submitted within five years of the date of filing in Korea or the international filing date (in the case of PCT applications). It is also possible to request accelerated examination on certain specific grounds.
For utility model applications filed on or after 1 October 2006, a request for substantive examination must be submitted within three years of the filing date.
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On average, how long does it take for a patent application to be examined?
Since 2002, the Korean Intellectual Property Office (KIPO) has taken a number of steps to shorten the average time taken from the request for examination to the first office action. The figure now stands at 9.8 months (previously 22 months).
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Where can one find official information about fees in Korea?
KIPO's current fee schedule can be found at: http://www.kipo.go.kr/kpo2/user.tdf?a=user.english.html.HtmlApp&c=30200&catmenu=ek30200.
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Can a lapsed patent be restored?
The patent proprietor can restore a patent lapsed due to non-payment of annual fees within three months of the expiration of the grace period for payment of annual fees by paying a penalty fee. This penalty fee is three times the regular fee.
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How can one challenge a granted patent in Korea?
As of 1 July 2007, the only way of challenging a patent in Korea is an invalidation procedure. Post-grant opposition was integrated into the invalidation procedure and applies for all patents granted on or after 01 July 2007 and utility models registered on or after 30 June 2007.
Any third party can file invalidation against a granted patent within three months of the date of publication of the patent. After that, invalidation may be filed only by an interested party or a patent office examiner. It can be filed at any time, even after the patent term has expired. Invalidation can be limited to one or more of the claims (partial invalidation).
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Do SPCs (supplementary protection certificates) exist in Korea?
In Korea, the duration of the patent term for inventions in the pharmaceutical or agrochemical fields can be extended by up to a maximum of five years. Such extensions are possible in cases where permission or registration under other laws and regulations must be obtained prior to commercialisation of the patent. Only one extension may be obtained per patent.
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Where can I find information about patent term extensions?
Information about patent term extensions is available from the English version of KIPRIS (Korea Intellectual Property Rights Service), a free database provided by the Korea Institute of Patent Information (KIPI). An easy, step-by-step guide on how to find this information on the Korean version of KIPRIS is available from the EPO's FAQ Korea section (Tips& tricks for searching databases).
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Are Korean file histories open to public inspection?
Korean file histories are available for public inspection once an application has been published. The Korean version of KIPRIS (Korea Intellectual Property Rights Service) provides direct access to the online electronic register. File histories of patent and utility model applications filed from 2000 onwards can be viewed. The service is available at: http://www.kipris.or.kr/new_kipris/index.jsp
An easy, step-by-step guide on how to use the online register on the Korean version of KIPRIS can be found in the EPO’s FAQ Korea section (Electronic file histories from KIPRIS)
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Is there anywhere I can search Korean patent information in English?
The English webpages of the Korea Institute of Patent Information (KIPI) at http://eng.kipris.or.kr/
offer access to the KIPRIS (Korea Industrial Property Rights Information Services) system. Here you can search English abstracts of Korean patent documents, retrieve basic legal status information in English and download the full texts of Korean patent documents.
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Where can I obtain machine translations of Korean patent documents?
The Korea Industrial Property Rights Information Service (KIPRIS) provides a tool for the machine translation of the full text of Korean patent and utility model publications. Although KIPRIS is an otherwise free service, fees were introduced for the machine translation tool (K2E-PAT service) in February 2007. The fee structure includes a variety of subscription options as well as pay-per-view prices. More information is available at: http://eng.kipris.or.kr/Other_Service/K2E_intro.html
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How are Korean data handled in INPADOC?
For information about how Korean patent data, kind codes and number formats are handled in the INPADOC database, see the following INPADOC Newsletters:
INPADOC Patent Gazette Newsletter 1998/06
INPADOC Newsflash 2006/38
INPADOC Newsflash 2006/36
INPADOC Newsflash 2006/33
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