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HOME >Korean IP basics> Designs

Designs (or industrial designs) refer to a product's shape, pattern and color (or the combination of these elements) that make up its aesthetic (related to the sense of sight). The rights to a product's decorative design (as opposed to any purely utilitarian design) is gained through an application process similar to the one for inventions, but because design rights specifically apply to the exterior, creative elements, drawings/photos are necessary for application.

1. Full particulars of applicant(s) and creator(s);
2. Drawing(s),Photograph or Sample, the article that is the object of the design, explanation of the design;
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

Substantive examination of the design proceeds without an explicit request for examination, unlike for patents.

Examination Period


Currently, the examination stage is completed approximately 10 months after the application filing date.

Designs for Non-Substantial Examination

There are 2 types of design applications: one that falls under the "non-substantial examination" category and other, the "substantial examination" category. The former includes designs that are considered "trendy" with short lifecycles. These are granted registration if they meet formal procedural requirements, and include:

items such as clothing, plain fabrics sheet, office products

If the examiner cannot find a reason to refuse the application, the examiner's office sends a notice of the registration decision to the applicant, and once the registration fee is paid, the design rights become active due to the already-established registration. The design patent fee (1-3 years' worth) must be paid within 3 months from the day the applicant receives the copy of the patent decision.
Design rights last for 20 years from the date of design filing date(after registration)