Korea - 19/03/1999: Revision of Patent and Utility Model Laws

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KOREA PATENT LAW

19/03/1999: REVISION OF PATENT AND UTILITY MODEL LAWS

Main Features of the revised laws

1. Adoption of Quick Registration System (QRS) for Utility Models (Effective as of July 1, 1999)

Under this system, utility models are registered without substantive examination and are registered promptly after formality and basic requirement examination, possibly within about 3 months after the filing of a patent application.

The KIPO has introduced the "Technology Evaluation System (TES)" under which, at the request of the owner of a utility model right, KIPO examines the validity of a registered utility model just like the current substantive examination procedure, by which a registered utility model remains effective or cancelled.

2. Adoption of Dual Application System for both Patent and Utility Model Registration (Effective as of July 1, 1999)

Dual application of both patent and utility model for a (small) invention is made possible at the same time to make full use of the QRS for the utility model registration.

However, because double patenting for an invention is not permitted, applicants should choose one of both patent and utility model.

3. Adoption of Electronic Filing System (Effective as of Jan. 1, 1999)

KIPO began to operate electronic filing system of patent, utility model, industrial design and trademark applications as of Jan. 1, 1999. It is now possible for applicants or patent attorneys to file applications and communicate with KIPO by electronic means, telecommunication network including internet.

4. Change in requirements for a Patent Term Extension (Effective as of
Jan. 1, 1999)

Patent term extension is now possible for pharmaceutical and agrochemical products that are subject to official testing requirements, even if the delayed time for a test process takes less than two years. Previously the extension term was allowed only when the test period was longer than two years.

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