What problems should be paid attention to when submitting a Korean patent application?

Tools/raw materials

(1) Name and address of the applicant and inventor (in Chinese and English);

(2) Power of attorney signed by the applicant (the original power of attorney must be provided and signed by the applicant or the legal representative of the applicant, without notarization);

(3) Abstract, description and claims (Korean application documents must be submitted when applying);

(4) attached drawings;

(5) The priority certification materials (when claiming priority) shall indicate the priority number and priority date, and submit the priority certification documents.

Trademark application process

1. Examination system: the system of substantive examination and authorization, and the invention patent will only be examined if the examination request is made within 5 years from the application date.

2. Publicity: the invention application submitted by the applicant will be automatically published in the Patent Publication Gazette after 18 months from the application date or priority date. The request for substantive examination shall be filed within 5 years from the date of application. At the end of 2006, the average examination period of Korean invention patents (that is, the time from the applicant submitting the request for real examination to the first notice of examination opinions issued by KIPO) was shortened to 9.8 months. Therefore, for many applications that put forward the request for real examination when filing patent applications, patents are often granted before the deadline of 18 months from the date of filing. For this kind of application, if the applicant does not request to publish it in advance, the patent application publication procedure will not be carried out.

3. Announcement: After the actual examination is passed, the registration can be authorized, and the applicant must pay the annual patent fee of the previous three years as the registration fee within three months from the date of receiving the patent authorization decision. After the applicant pays the registration fee, KIPO will publish the patent authorization in the Patent Registration Gazette. That is, within 3 months from the date of publication of the patent authorization, anyone can raise an objection to the authorized patent.

4. Duration of protection: The duration of protection of the invention patent right is 20 years from the date of filing (or the date of international filing).