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Information on Korean Patent Applications


Korean Patent

Korean Trademark

Korean Design




INFORMATION ON KOREAN PATENT APPLICATION



The first-to- file rule and the first-to-invent rule


The first-to-file rule and the first-to-invent rule are two different principles for determining which applicant is granted the rights when two or more patent applications are filed for the same invention. The first-to-file rule applies in Korea.

 


1) First-to-file rule


- Regardless of who invented the invention, the rights of an invention are given to the first to file the application at the patent office. If two or more applications for the same invention are filed on the same date, the applicants must consult with one another and try to come to an agreement on who may obtain a patent for the invention. If no agreement is reached or no consultation is possible, none of the applicants can obtain a patent for the invention.

- The first-to-file rule is practical because it grants rights for the cost of disclosing the technology and it encourages swift disclosure of inventions.

- This rule is in accordance with the purpose of the patent system because it aims to promote industrial advancement through the swift disclosure of inventions.

 


2) First-to-invent rule


- Under the first-to-invent rule, the rights of an invention are given to the actual inventor, regardless of the order in which applications are filed.

- This rule has the strength of protecting inventors. Private inventors who don't own an enterprise prefer this rule.

- To benefit from this rule, the inventor must provide a journal of the inventive activities that led to the invention and secure witnesses of the invention. The patent office must confirm the time of the invention.

 


3) Inventions and devices


A patent right is granted for inventions, while utility model rights are granted for devices.

Under the Patent Act, an invention has a higher degree of technology than a device.


- Definition of invention: a highly advanced creation of a technical idea using the rules of nature

- Definition of device: a creation of a technical idea using the rules of nature

- However, the degree of advancement is subjective, and applicants can make that assessment themselves.

- In other words, a creation filed as a utility model is deemed to be a device, while a creation filed as a patent is deemed to be an invention.







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






OUR SERVICES



Patent


We specialize in securing patents that provide tangible value for foreign companies entering the Korean market, and we provide comprehensive guidance on all aspects of your patent portfolio. Our dedicated patent team handles a wide range of services, including patentability assessments, drafting, filing, and prosecution of patent applications, Freedom-to-Operate analyses, infringement analyses, second opinions, oppositions, litigation support, and patent monitoring.


With some of Korea's most experienced and professional patent attorneys, our team covers various technology domains. We take pride in being one of Korean IP Law Firm with a high patent registration success rate.


At DAEILPAT, our primary focus is to secure patents that contribute real value to your business. To achieve this, we take the time to understand your company and the competitive landscape in which you operate. This enables us to develop a tailored protection strategy that aligns with your specific needs. In addition to our expertise in patents, our professionals are well-versed in Design Rights. If necessary, we can create a customized protection strategy using a combination of patents and designs to safeguard your intellectual property effectively.


Learn more about Patents Application and Protection in Korea





Strategic Advice


In addition to providing consultation services on specific patent rights, we offer strategic advice to foreign companies entering the Korean market regarding their patent portfolios. Our strategic advice encompasses a wide range of key issues, including:


Invention Scouting: 

We assist in identifying valuable inventions within your organization that are worthy of protection, helping you prioritize and optimize your patent filing strategy.


Trade Secrets and Pitfall Avoidance: 

We provide guidance on leveraging trade secrets effectively while avoiding potential pitfalls, ensuring that your valuable proprietary information remains protected.


International Protection: 

Our experts devise comprehensive filing strategies, including strategic selection of geographical coverage, to secure international patent protection for your innovations in line with your business goals.


Infringement Identification and Enforcement: 

We advise on how to identify instances of infringement and provide strategies for enforcing your intellectual property rights in Korea, ensuring effective protection against unauthorized use.


Competitor Patent Monitoring: 

We help monitor your competitors' patent activities, enabling you to stay informed about their developments and secure freedom-to-operate, minimizing the risk of infringement.


Patent Portfolio Optimization: 

We assist in pruning your patent portfolio to eliminate redundant or unnecessary patents, helping you save costs while maintaining a streamlined and valuable portfolio.


Patent Department Organization: 

Our consultants provide guidance on organizing and structuring an efficient and effective in-house patent department, ensuring smooth operations and maximizing the value of your patent assets.


Outsourcing Patent-Related Tasks: 

We offer advice on outsourcing certain patent-related tasks, enabling you to streamline processes, optimize resources, and focus on core business activities.


At DAEILPAT, we understand the unique challenges faced by foreign companies entering the Korean market, and our strategic advice aims to support your patent portfolio goals, enhance your competitive position, and maximize the value of your intellectual property assets.






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