Patent registrations in South Korea have increased by nearly 8% over the past years, with most of them being international claimants. Businesses need to innovate in order to survive in the Korean marketplace. You need to come up with unique inventions to disrupt the market and to protect your invention, you need to patent it because it is your intellectual property.
To understand the patent registration process in South Korea, let us discuss it in detail.
Following a first-to-file system, you need to be quick in filing for a patent because there is a possibility that someone else might copy your invention and claim it as their own. To register a patent in South Korea, the applicant can file an application through Korean Intellectual Property Office (KIPO).
The application can also be filed under the Paris Convention, PC,T or WIPO.
There are two different types of patents in South Korea that include utility patent and invention patent. To ensure successful patent registration, there are several requirements that you must understand beforehand. These include:
Inventive: The invention should not be obvious to the average person in the field. It should not be derived from previous methods. (it can still be a new and improved variant that is different from the previously introduced technology).
Novelty: The invention has to be innovative in the sense that it is completely new, something that has never seen the market before.
Utility/Industrially applicable: When the invention can be made and used by any industry and has the functionality as it claims to have.
In South Korea, there are different inventions that are not eligible for a patent, which include mathematical algorithms or models, mental concepts or processes, artistic creations, plans or schemes, principles or theories, diagnosis methods for humans or animals, or inventions that go against public morality.
There are two types of patents:
Patents all over the world can have complexities as well, with some being more than another country due to the legalities. You should always search for currently registered patents to grasp the possible reasons for rejection and to ultimately understand the different types of patents. If you are searching for the first time, it is recommended to use search services of registered attorneys or agents.
To register for a patent in South Korea, the official language is Korean but the application can be filed in English as well. If it is the latter then a translation must be submitted within 14 days of filing. Failing to do so will cancel your application. The application requirements are:
After the application is filed, it undergoes a formal examination to check if everything is complete. For a substantive examination, the applicant has to request within 3 years from the date of filing along with the payment of the said. Similar or identical patents are also checked by the examiner.
If the application is incomplete, a notice is sent to the applicant that has to be duly responded. It is possible to request an accelerated examination under PPH.
If there are no issues with application and the examiner approves, it gets accepted and published for 90 days in the registry.
Any party can oppose the patent application on multiple grounds. This can also include the grounds of legal elements of the patent. If an opposition is filed, the applicant must respond with proofs and arguments in timely fashion otherwise the application may end up getting rejected.
Once everything is responded to and all the dues are paid, the application receives registration.
The entire patent process takes around 2-4 years on average but if there are more complexities involved, it can take even longer.
The cost of obtaining a patent varies depending on the legalities involved. The cost of obtaining a patent in South Korea ranges from $1000 to $3000, but can increase if there are intricacies involved.
Patents in South Korea are valid for 20 years from the date of filing. Grant fee and annuities for the first three years have to be paid within 3 months from receiving Notice of Allowance. Late fee payment is acceptable within a grace period of 6 months which is subject to additional fee.
If you do not protect your invention, you might not remain the owner of your intellectual property. Patent offers exclusivity and authenticity in front of the customers and the market.
At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Patent registration in South Korea doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs.
*What to do? How to do it? When to do it? Will it work?*
If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!