â–’â–’â–’ 가율 êµì œíŠ¹í—ˆë²•ë¥ 사무소 â–’â–’â–’
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HOME >Korean IP basics> Patents/Utility models |
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A patent refers
to the exclusive rights granted to the inventor
of a new product, method, or process and is one
of the primary rights under the umbrella of intellectual
property. The rights are procured through a 3-step
process - application, examination, and registration
- and for the duration of time set by law, the
owner of the patent can prevent and exclude others
from making, using, and selling the invention. |
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(1) Full particulars of
applicant(s) and inventor(s);
(2) Specification, claims, abstract, and drawings(if any)
in original language;
(3) Priority data including filing date, application number,
country name, if priority is claimed;
(4) Certified copy of a priority application, if priority
is claimed; and
(5) A simply signed Power of Attorney |
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The application becomes
"laid open" or public 18 months after the filing
date or earlier upon the applicant's request, at which
point, it becomes available to review online and any third-party,
duplicate research and development of the invention can
legally be stopped. Also, the applicant attains the right
to issue a warning and request compensation from anyone
commercially using, making, or selling the invention without
his/her permission. |
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If the examiner cannot
find a reason to refuse the application, the examiner's
office sends a notice of the patent decision to the
applicant, and once the registration fee is paid, the
patent becomes active due to the already-established
registration. The patent fee (1-3 years' worth) must
be paid within 3 months from the day the applicant receives
the copy of the patent decision. Patent rights can be
enforced via both criminal and civil channels.
For nations belonging to the WTO, including Korea,
the patent lasts upon registration of the patent right
for 20 years from the filing date of the application.
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If patents protect
inventions, utility models protect devices that
are less sophisticated technologically than inventions
but still have utility or usefulness. Primarily,
they involve improvements in already existing,
useful technology and apply to a device's shape,
structure, or make-up/elements. They lack the
advanced degree of technology associated with
inventions. However, just like patents, once a
utility model is submitted to KIPO through an
application, examined, and registered, the owner
has exclusive ownership rights, or utility model
rights, and can prohibit others from the use,
creation, and sale of the device. |
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(1) Full particulars of
applicant(s) and inventor(s);
(2) Specification, claims, abstract, and drawings in original
language;
(3) Priority data including filing date, application number,
country name, if priority is claimed;
(4) Certified copy of a priority application, if priority
is claimed; and
(5) A simply signed Power of Attorney |
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Currently, the process
is such that the application is approved as long as the
formal procedure is followed, and the applicant can expect
the registration to be issued in approximately 3 months
after filing. However, because no substantive examination
takes place, one cannot exercise any legal rights until
an examination of its technical merit takes place. Unlike
for patents, any person may request a technical evaluation
of a registered utility model at any time after the registration
date.
Utility model rights last for 10 years after the filing
date. |
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