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Utility Model: Examination


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KOREAN UTILITY MODEL EXAMINATION



Formality Examination

When a Korean utility model application is submitted, KIPO will check that all requirements necessary to accord the application a filing date have been satisfied. Under Article 7(1) of the Enforcement Regulation of the Utility Model Law, in any of the following instances the application will be returned to the submitter without any application number being assigned there to and will be treated as if it had never been submitted:

 

- where the kind of the application is not clear;

- where the name or address of a person(or juristic person) who is initiating the procedure is not described;

- where the application is not written in Korean;

- where the application is not accompanied by the specification/claims or drawings; or

- where the application is submitted, by a person who has no address or place of business in the Republic of Korea, without using an agent in the Republic of Korea.


Once the application has satisfied the requirements, KIPO assigns an application number and examines whether or not the formality requirements under the Utility Model Law have been met. If KIPO discovers that a document or information is missing, such as a power of attorney or the name of the representative of a juristic person, it will issue a notice of amendment requesting the applicant submit the missing data, within the specified time limit. The applicant may obtain an extension of the designated time period.


If the applicant does not comply with such a request within the designated or extended period, the application will be nullified and considered as having never been filled

 


Basic Requirements Examination

Since there is no substantive examination concerning novelty, inventive step, or industrial applicability under the non-examination system, there will be an examination of the basic requirements to avoid and eliminate minimum irrational elements in the application before registration.


The following items are examined during the examination of basic requirements:

 ① Devices related to the shape or structure of an article or a combination of articles

 ② Devices unable to be registered

  - Devices which are identical or similar to the national flag or decorations

  - Devices liable to contravene public order or morality or to injure public health

 ③ The drafting of claims

 ④ The unity of the utility model application

 ⑤ The inclusion of essential parts of the description or drawings in the application and the clarity of the description


 The examination of basic requirements is performed in each procedural step.







Read more about Korean Patent here:


Korean Patent System

- What is a Korean Patent?

- Information on Korean Patent Applications

- Korean Patent Examination System

- PCT National Phase Entry into Korea



Application Procedure for Patents in Korea

- Filing Requirements

- Examination

- Registration

- Refusal and Appeal



Application Procedure for Utility Models in Korea

- Filing Requirements

- Examination

- Registration and Technical Evaluation



Application Procedure for Layout Designs in Korea

- Filing Requirements

- Effect of Layout Designs Rights






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