1. The main types of patents in Korea are: invention, utility model and design patent.
Invention: refers to the high-level new technical scheme put forward by using natural laws for products, methods or their improvement.
The invention patent system has the following characteristics: the principle of first application; The principle of early publicity; The principle of requesting review; Post-authorization objection system.
2. Application and publicity: After the applicant submits the application, it will be formally reviewed, and will be automatically publicized within 18 months from the date of application or the priority date, or within 18 months from the date of application according to the applicant's requirements.
Request for substantive examination: the applicant must submit a request for substantive examination within 5 years from the date of application (or the date of international application). If the applicant fails to make a request for substantive examination within the above time limit, the patent application will be deemed to have been withdrawn.
Reply to the review comments: It will take about 18 to 24 months from the request for substantive review to the receipt of the first notice of review comments. The applicant must give a reply within two months from the date of receiving the notice. Applicants can request an extension of the time limit, which can be extended for one month at a time, and the number of extensions is unlimited.
Patent registration procedure: if no reason for rejection is found after examination, a notice of authorization will be issued. The applicant shall go through the patent registration formalities within three months from the date of receiving the notice, and pay the registration fee and the annual fee for the first three years.
Objection system after authorization: After the applicant pays the fee, the Industrial Property Office will publish it in the Patent Registration Gazette, and the objection period is within 3 months from the date of publication. After the objection period, the examiner makes a decision. If the applicant refuses to accept the examiner's final rejection decision, he may appeal to the industrial property court within 30 days after receiving the notice. The lawsuit decided by the industrial property court will be tried by the patent court. If he refuses to accept the decision of the patent court, he will eventually appeal to the Supreme Court.
Duration of protection: 20 years from the date of filing (or international filing date). With regard to pesticides or medicines, under certain conditions, the protection period can be extended to five years.
Third, the utility model:
Refers to the new practical technical scheme for the shape, structure or combination of products.
The utility model patent system has the following characteristics: the principle of first application; The principle of early publicity; The principle of requesting review; Post-authorization objection system.
Application and publicity: after the applicant submits an application, it will conduct a formal examination. After the examination is passed, it will be publicized within 18 months from the application date or priority date or 18 months from the application date according to the requirements of the applicant.
Adopt the system of substantive examination: the applicant must make a request for substantive examination within 3 years from the date of application (or the date of international application). If the applicant fails to make a request for substantive examination within the above time limit, the patent application will be deemed to have been withdrawn.
Patent registration procedure: if no reason for rejection is found after examination, a notice of authorization will be issued. The applicant shall go through the patent registration formalities within three months from the date of receiving the notice, and pay the registration fee and the annual fee for the first three years.
Term of protection: from the date of filing (or international filing date) 10 year.
Appearance: refers to the aesthetic design of the shape, pattern, color or their combination of products.
For the design of some specific projects, it is divided into two parallel ways: examination registration system and non-examination registration system.
Design of examination and registration system;
That is, it essentially examines the practicality, novelty and creativity of the design applied for registration. Comprise that following review step:
Application and publication: firstly, the design application is preliminarily examined (formal examination), which can be published at the request of the applicant, and then the design application is substantially examined;
Reply to the examination opinions: when the reasons for rejection are found after substantive examination, the examiner will issue a notice requesting the applicant to give a reply within a specified time limit. The applicant must state his opinions or modify them within two months from the date of receiving the notice. The applicant may request an extension of the reply period, the number of extensions is limited to two times, and each extension can be extended by one month;
Patent registration procedure: if no reason for rejection is found after examination, a notice of authorization will be issued. The applicant shall go through the patent registration formalities within three months from the date of receiving the notice, and pay the registration fee and the annual fee for the first three years.
Four. Design a non-censorship registration system;
Conduct a preliminary examination (formal examination) of the application for design, then make a decision on registration authorization, and grant the patent right after paying the registration fee; There is a three-month objection period after the authorization announcement.
The design of non-censorship registration system is only applicable to: B 1 (clothing), C 1 (bed sheets, floor mats, curtains), F3 (office paper, printed matter), F4 (wrapping paper, packaging container) M 1 (textiles, etc.). ), June 5438+1October 658, 2008.
In the non-substantive examination system, it takes about four months from application to authorization, and you can also enjoy new application procedures such as multiple applications, that is, for articles of the same classification, it is allowed to file less than 20 designs in the form of one patent application for design, that is, multiple patent applications for design.
Term of protection: from the date of registration 15 years.