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If I'm not a Korean citizen and I don't live in Korea, can I file a patent application in the Republic of Korea?
Under Article 5 of the Korean Patent Act, if you don't have a residential or business address in Korea
other than when you are sojourning in Korea, you must appoint a patent agent who has a residential or business address in Korea
to initiate any patent-related procedure, such as lodging a patent application. The same requirement applies to other types of
industrial property rights. We recommend that you visit the Web site of the Korea Patent Attorneys Association
to find a suitable agent.
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What documents should I submit for an application?
If you wish to obtain the right of a patent, utility model, trademark or design, you must submit the following documents to the Commissioner of the Korean Intellectual Property Office (KIPO):
1) For patents and utility models:
a. an application stating your name and address (including the name of a representative in the case of a juristic person), the date of submission, the title of the invention, and, if the right of priority is claimed, the priority data
b. a specification setting forth the following: the title of the invention, a brief description of drawings (if any), a detailed description of the invention, and any claims
c. drawings, if any
d. an abstract
e. priority documents if you are claiming the right of priority; that is, a certified copy of the priority application together with a Korean translation
f. a power of attorney, if any.
2) For trademarks:
a. an application stating your name and address (including the name of an executive officer in the case of a juristic person), the trademark, the designated goods and class of goods, the date of submission, and, if the right of priority is claimed, the country and filing date of the priority application
b. ten specimens of the trademark (at least 7 cm x 7 cm)
c. priority documents if you are claiming the right of priority
d. a power of attorney, if any.
When filing a trademark application, you only need to submit document (a). You can add the name of the executive officer later at your own initiative or in response to a notice of amendment issued by KIPO.
If you fail to submit specimens of the trademark or the power of attorney when filing the trademark application, KIPO will issue a notice of amendment requesting you to submit them within a designated period. You must submit the priority document within three months of the date on which it was filed in the Republic of Korea, and the time limit cannot be extended.
3) For designs:
a. an application stating your name and address (including the name of a representative in the case of a juristic person), the date of submission, the name of the article on which the design is embodied, the claim, and, if the right of priority is claimed, the priority data
b. drawings of the design
c. priority documents if you are claiming the right of priority; that is, a certified copy of the priority application together with a Korean translation
d. a power of attorney, if any.
When filing a design application, you only need to submit documents (a) and (b). You can submit the name of your representative, the priority document and the power of attorney after you have filed the application.
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How can I get a patent document with a specific number?
On the Web site of the Korea Industrial Property Rights Information Service , you can search for intellectual property information and view or print parts of official gazettes. However, although the search system is available free of charge, it is provided only in Korean, except for the database of the Korean Patent Abstracts, which is in English
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If I know the number of a patent, how can I use that number to search for the patent?
A: When searching by numbers, be sure you know the exact number and the type of number. Your search results will be more accurate if you supply additional information such as the name of the applicant and relevant keywords.
When you search for patent information by number, you need to enter the data in the following order:
- kind of IPR: two digits (namely, patent, utility model, trademark or design, though this data is not required for a database that is exclusively for patents)
- year: four digits or two digits
- serial number: five digits.
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How can I search the Korean trademark database?
You can search the Korean trademark database by using the Korean Industrial Property Rights Information Service (or KIPRIS). KIPRISis a free on-line search service that enables any domestic or foreign user to search the industrial property information of the Korea Institute of Patent Information.
You can use KIPRIS to search for Korean industrial property information, including trademarks, though at present the information is only available in the Korean language.
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How can I pay the patent fees?
You should pay the patent fees for initial three year-period within three months of the registration date. Furthermore, under Article 81 of the Patent Act, if you miss the deadline for paying the fees, you still have an additional period of six months from the expiry date in which to pay the late fees.
For a trademark, the situation is different. Within two months of the registration date, you should pay the trademark registration fees for a ten-year period. The registration date means the date on which the decision of registration was made or notice of the decision was received. If you request an extension of the payment period before the expiry date, the period may be extended by thirty days.
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What's the difference between a patent and a utility model?
A utility model is similar to a patent in protecting the creation of a technical idea, and most regulations that govern patents also apply to utility models. Utility models, however, are intended for inventions that lack the required level of patentability. Products and methods can be patented but only products can be granted a utility model right.
A patent registration lasts 20 years from the application date, and patent rights are effective from the moment of registration. However, the protection period of a utility model is 10 years from the application date.
The application and examination procedures of a utility model differ from patent procedures in the following ways:
- Because a utility model can be registered without being examined by an examiner, you need to obtain a technical evaluation of the invention before you can use the utility model right.
- The validity of a utility model right is based on the technical evaluation.
- When filing a utility model application, you should submit drawings that depict the content of the application.
- For a utility model, you can request an examination within three years of the application date, whereas the request period for a patent examination is five years.
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If an unauthorized third party is infringing my patents, how can I stop the infringement?
If your patent right is infringed, you can take a range of measures, including civil or criminal legal action.
For example, you can request a person who is infringing or who is likely to infringe your patent right to discontinue or refrain from the infringement. You can also take your case to a local court in Korea to claim damages, as well as recovery of business credit and restitution of unjust profit. The civil remedies are covered by civil law and the Civil Proceedings Act.
You should generally appoint a legal representative to initiate the proper actions. In the case of patent and design infringement or counterfeiting, for example, you should file a suit before the authorities initiate any legal action such as an investigation by the prosecutor.
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How can I oppose the registration of a trademark?
If you wish to oppose a registered trademark, you should submit to the KIPO Commissioner a written opposition specifying the grounds for opposition and the supporting evidence. Using a fixed form, you need to file the opposition within thirty days of the publication date of the application.
Articles 25 to 29 of the Trademark Act, which are published in the Reference Material section of this Web site, stipulate how you can oppose a trademark registration.
Under the Trademark Act, if you don't have a residence or business address in Korea, you should appoint an agent who has a residential or business address in Korea to initiate the proper procedures.
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My patent is registered in my country. How do I claim priority of the original patent through the Patent Cooperation Treaty?
When claiming priority, you must lodge a copy of your application along with the appropriate certificates of your earlier application and fill in the prescribed sections of the application form.
Under Article 54(2) of the Patent Act, if you wish to claim the right of priority, you must lodge a patent application for the right of priority within one year of the filing date of the earlier application.
Under Article 22 of the Patent Cooperation Treaty (PCT), you should submit a Korean translation of your international application within 30 months of the priority date. Under the PCT regulations, if the prescribed period expires without adequate actions, your application is considered to have been withdrawn.
You can get more information about PCT rules at the WIPO Web site .
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Which international treaties on intellectual property rights is the Republic of Korea a member of?
The Republic of Korea is a member of the following international treaties:
· Convention Establishing WIPO (1967)
· Paris Convention for the Protection of Industrial Property (1980)
· Patent Cooperation Treaty (1984)
· Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms (1987)
· Budapest Treaty on the International Recognition of the Deposit Microorganisms for the Purpose of Patent Procedure (1988)
· WTO Agreement of Trade Related Aspects of Intellectual Property Rights, including Trade in Counterfeit Goods (1995)
· Berne Convention for the Protection of Literary and Artistic Works (1996)
· Strasbourg Agreement Concerning the International Patent Classification (1998)
· Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of Registration of Marks (1998)
· Trademark Law Treaty (2002)
· International Convention for the Protection of New Varieties of Plants (2002)
· Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (2003)
· WIPO Copyright Treaty (2004)