업무분야

Application and Registration

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Patent

Purpose of Patent System

A patent right is the representative right of industrial property rights and the right is to work the patented invention exclusively. A patentee could restrict the act of working his/her invention without legal permission through the patent right, and make financial profits through the transfer of the right and the establishment of a license etc.

However, because the right is granted to the patentee not to an inventor, the inventor could not get guarantee of any rights in principle if not acquiring the patent right. That is, though your competitor makes copies of your original and sales the copies, there is no solution to compensate for a loss.

Accordingly, the inventor has to file a patent application to legally protect the invention, which is completed by investing a lot of time and costs. An applicant could acquire a patent right through prescribed examinations after filing an application, so as to prevent a claim of a right of the same invention with a later filing date. Also, the applicant could reward for an effort to develop the new technology by obtaining the exclusive right for 20 years (from the filing date) through the patent right.

Earlier Publication System

The filed application is normally laid-opened after 18 months from the filing date. However, the laid-open publication may be made, upon request of the applicant, within the period and it is called "Earlier Publication System". An application for earlier publication is possible after filing, without any additional fees. Earlier publication system is to protect the applicant from working the filed invention without permission by a third party and it has the same effect as the normal laid-open publication.

Preferential Examination System

A preferential examination system permits the exception of the order of examination wherein an examiner examines an application in the order of filing a request for examination in principle. Upon filing a request for a preferential examination, the decision of registration/refusal will be issued within 6 months.

Patent Registration Fees and Annual Fees

Patent registration fees mean initial 3 annuity fees to be paid at once upon registering, and annual fees mean patent fees from the 4th year, a patentee shall pay, on a yearly basis, wherein a patent fee for one year from the following year based on the registration date of establishment of the right has to be paid one year before. In case of failing to pay patent registration fees or annual fees, the patent right shall be deemed to have terminated.

In case of failing to pay patent registration fees, a patentee may make late payment of the patent registration fees within 6 months after the expiration of the payment period, and in case of late payment of patent registration fees, an amount shall be paid within the extent of double the amount of patent registration fees payable. Also, where the patented invention in execution has been extinguished due to non-payment of annuity fees within the extended deadline, the patentee may restore the extinguished right by paying three times of the amount of the patent fees within three months from the extended payment deadline.

Utility Model

Purpose of Utility Model System

A utility model system was established to supplement the patent system, and it is to protect reformation inventions or small inventions. Especially, it guarantees exclusively rights for small inventions of small and medium enterprises or individual inventors, so as to encourage the industrial development.

Differences betweenUtility Model and Patent

(1) The term of patent rights shall last for twenty years, while the term of utility model rights shall last for ten years.
(2) The patent protects method inventions (manufacturing, employing, utilizing, and producing methods etc.), but the utility model can not protect the method invention.

Conversion Application between Patent and Utility Model

(1) A patent application can be converted into a utility model application within 30 days of the date when the decision to refuse the patent registration is received, and vice versa.a utility model application can be converted into a patent application within 30 days of the date when the decision to refuse the utility model registration is received.
(2) Specifically, the conversion application from a patent into a utility model is the solution to overcome lack of the inventive step.

Preferential Examination of Utility Model

If a request for a preferential examination is filed within 2 months after filing a utility model application, the application could be examined to be registered promptly.

Other things

Other things are the same as the patent.

Trademark

What is Trademark?

Trademark

Trademark means the mark(sign·letter·figure·three-dimensional shape or the combination of them and colors, color·the combination of colors·hologram·movement, and sound·smell etc.) used by a person who produces, processes, certifies or sells goods as a business, in order to distinguish the goods related to his/her business from those of another person. In easy terms, the trademark is visible/invisible indications that could distinguish the goods made by the person from those of another person.

Service mark

Service mark belongs to the concept of trademark in a wide sense, and is the mark that distinguishes a service business, such as an advertising business, a restaurant business, communications, or finances etc.

A collective mark

Collective mark is used by members of an organization, such as a collective or an association, which owns the collective mark or used by the organization which owns the mark to identify themselves.

Business Emblem

Business Emblem is a mark, which is used by nonprofit organizations such as YMCA and the Boy Scouts in order to indicate their nonprofit business.

Needs of registering Trademark

Regardless of who used a trademark firstly, the priority is given to a person who first file (apply) a trademark application in Korea. Accordingly, if one applicant files a trademark application while the other person uses the same trademark without registering the trademark at Patent Office, the former shall acquire the right of the trademark. Therefore, if you wish to use the trademark without any problems, it is advisable to file a trademark application to be registered as soon as possible.

Requirements

Trademark samples (jpg format files) and designated goods

Notifications

(1) Decision on the trademark to be usedIt is advisable that the shape of trademark to be used actually is filed as it is. For example, if the trade mark application is filed and registered as the shape of combining English letters and Korean letters and then the trade mark is written only as English letters or Korean letters upon using, it could not be admitted as the reasonable use of the trademark.
(2) Decision on goods/a type of businessDecision on designated goods/service businesses is directly related to the costs of the trademark application and the registration costs thereof , wherein official fees of Patent Office(utility bills) or fees for Attorney are incurred each category of goods (based on the international classification of goods).
(3) Decision on an applicantIn case of a corporation such as a company limited by shares, there are many examples wherein using the trade mark actually is made by the name of the corporation while the trademark application is filed in the name of the representative, however it is preferable to match the name of the actual user of the trademark with the name of the applicant, if possible.
(4) Renewal of trademark rightThe term of registered trademark rights lasts for ten years from the registration date and the trademark could be used semi-permanently by filing a request for renewal of the term of the trademark rights every 10 year. If the request for renewal is failed, the trademark application has to be refiled and reexamined, so the trademark application may not be registered.

Design

What is Design?

(1) Concept of DesignA design in accordance with the Industrial Design Protection Act refers to the shape, pattern, color or combination of them in an article that produces an aesthetic impression on the sense of sight.
(2) Purpose of Design SystemA design registration system is to encourage the desire of creation and to promote the purchasing desire of consumers by granting an exclusive right to a creator of a new design for a given period. Design rights are valid for 15 years from the date of registration (the date of payment ofregistration fees for design establishment).

Requirements

(1) Samples of the product
(2) In case there is no sample of the product, a perspective view and six-sided views (a front view, a rear view, a left-sided view, a right-sided view, a plane view and a base view) related to the product are needed, wherein they could be substituted by pictures.

Earlier Publication System

The filed design is normally laid open in Design Gazette upon registering. However, the design application could be laid open promptly by an applicant's request before registering.

Preferential Examination System

Registration Fees and Annual Fees

A registration fee means a design fee for a period of initial three years to be paid at once upon registering and an annual fee means a design fee from the 4th year, a proprietors shall pay, on a yearly basis, wherein the design fee for one year from the following year based on the registration date of establishment of the right has to be paid one year before. In case of failing to pay the registration fee or the annual fee, the design right shall be deemed to have terminated.

In case of failing to pay the registration fee, a proprietors may make late payment of the registration fee within 6 months (an additional payment period) after the expiration of the payment period, and in case of late payment of the registration fee, an amount shall be paid within the extent of double amount of the registration fee payable. Also, in case the registration fee is not paid within the grace period, the design registration application shall be deemed to be abandoned finally.

PCT International Application

What is the Patent Cooperation Treaty (PCT)?

The PCT is an international treaty, administered by the World Intellectual Property Organization (WIPO), among more than 140 Paris Convention countries.
The PCT makes it possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications.

PCT International Application procedure

(1) PCT International Application could be filed within 12 months from the filing date of the earlier application. However, design application should be filed within 6 months from the filing date of the earlier application.
(2) The international patent application procedure shall start to file PCT international application with the International Bureau in its capacity as receiving Office. It begins with the filing of an international application to the Patent Office. An applicant shall generally submit a translation within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed (in case of Korea, EPO, United Kingdom, within 31 months), the procedure before the submission of the translation is called international phase procedure, and the procedure after the submission of the translation is called national phase procedure. All procedures under the international phase shall be proceeded according to PCT Law, but all procedures under the national phase shall be proceeded independently under national and /or regional Patent Law of the designated countries.

The advantages of the Patent Cooperation Treaty

(1) Effect of Filing date of PCTAfter filing a patent application in a Paris Convention country (one of the Member States of the Paris Convention for the Protection of Industrial Property), you can file a PCT international application within 12 months from the filing date of the first patent application. It will give you the benefit of the filing date of the first application in all PCT contracting countries.
(2) The international Searching AuthorityBefore "national phase" procedure, applicants might receive international search reports from the International Searching Authority. The international search report and written opinion contain important information about the potential patentability of the invention. It could provide economically or technically a strong basis for the applicants to make business decisions with the invention. International preliminary examination procedure could be selected by the applicants's decision.

Comparative selection between Direct foreign patent application and PCT international application

The applicant could choose between Direct foreign patent application and PCT international application in accordance with favorable condition as followings.

Characteristics of PCT International Applications

The applicant could choose between Direct foreign patent application and PCT international application in accordance with favorable condition as followings.