When filing for a patent in Korea, you don’t need to live or have a business in the country. But it means you need to file the patent using the local Korean attorneys. It’s also difficult since you need to give the application in the Korean language within a month.
In this guide, you’ll learn some of the things you need when filing a Korean patent application. Read on and find out more.
Like most countries, Korea adopted the first-to-file patent system. What this means is that the first party to file the patent will get it. This makes it necessary to keep your ideas to yourself before you start filing the patent application.
If you need to request for a substantive examination of your patent, your deadline to submit it is three years. It starts from your date of international filing. Take note, when applying for a Utility Model in Korea, it’s also subject to this type of examination with the same deadline.
Before you enter the National Phase, you need to submit your application to the Korean Intellectual Property Office (KIPO). To qualify for an application, you need to submit the following documents in Korean:
The specification has no possible extensions. The power of attorney should be the original, not a copy. Under certain conditions, you can submit it within four months after the National Phase entry, but you need to pay the late fees.
For you to get approval for your patent, your invention should be a technical idea. It should use a law of nature while maintaining its industrial applicability. It should be a unique technical idea, meaning no other party filed it before you did.
Your application also gets affected whether a skilled person can easily make your invention. Its description in its specification will yield to the patentability requirements. Most of all, your invention must not disrupt public order and morality.
If your application gets rejected, you’ll get a notification. It will notify you about the preliminary rejection of your patent. The good news is that you can write an argument that claims how your invention isn’t the same as the other inventions stated by the rejection letter. You’re also entitled to suggest changes that will address the reasons for getting rejected.
If your application has no reason for refusal, you’ll get a patent grant. Pay the fees within three months and they’ll register it. You’ll get a patent number and a certificate of the patent.
As the patent application needs professional knowledge and experience, we suggest hiring an experienced patent agent for individuals and organizations. We are the Hong Kong patent application grant (PAG) authorized patent agent and can help you to apply for the said grant and international patent application. If you would like to apply for the international patent, please contact us for free consulation.
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