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(1) Overview
(2) Filing an Application
(3) Substantial Examination
(4) Rejection
(5) Registration |
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| (1) Overview |
As there were some problems associated with the pre-registration system in the Utility Model Law, such a system is abolished and the registration-after-examination system is revived. In accordance with it, examination of basic requirements, technical evaluation, etc. are abolished and, as is in the Patent Law, request for examination(it shall be filed within 3(three) years from the filing date), official notification of rejection, etc. are revived. Effective from October 1, 2006. |
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| (2) Filing an Application |
(еб)Applicant
Either the deviser of a device or his or her assignee can file a utility model application for the device with KIPO. The applicant may be either a natural person or a juristic person.
(ев) Documents Required
A person who desires to obtain a utility model must submit to the commissioner of KIPO the following documents:
a) an application stating the name and address of the deviser and the applicant(including the name of a representative, if the applicant is a juristic person), the date of submission, the title of the device, and priority date(if the right of priority is claimed);
b) a specification setting forth the following matters: the title of the device; a brief description of drawings(if any); a detailed description of the device; and claim(s);
c) drawing(s), if any;
d) an abstract;
e) if the right of priority is claimed, the priority document which is a certified copy of the priority application together with its Korean translation; andf) a power of attorney, if necessary.
(ег) Claim of priority
In order to enjoy the priority right, an application should be filed with KIPO within 1 year from the earliest filing date of the priority application. The priority document above mentioned may be submitted within one year and four months from the priority date. If the priority document is not submitted within that period of time, the claim of priority will become null and void. |
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| (3) Substantial Examination |
A utility model application will be taken up for examination only if a request for examination is made either by the applicant or by any interested party within 3 years from the filing date of the application. If no request for examination is made within this three-year period, the utility model application is deemed to have been withdrawn. |
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| (4) Rejection |
If the examiner finds a ground for rejection of a utility model application, a notice of preliminary rejection will be issued; and the applicant will be given an opportunity to submit a response to the preliminary rejection within a time limit designated by the examiner. Such time limit is extendable upon the request for an extension by the applicant. |
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| (5) Registration |
When a utility model applicant receives a notice of decision to grant a registration, he should pay, as a registration fee, the first 3 years' annuities within 3 months from the date of receipt of such notice.
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