FAQs

Invention patent

"Invention" protects new high-tech solutions for products, methods or their improved versions which are with the use of natural laws. South Korean invention patents are valid for 20 years from the date of application. Patent on pesticides or medicines can be extended the term of protection under certain conditions for a maximum of 5 years. Invention patents are adopted substantive examination system, and it should request substantive examination from the South Korean government within five years from the date of filing.

Utility model patent

According to the South Korean Utility Model Law, "utility models" protect the products’ shape, structure or combination of both. South Korean utility model patents are valid for 10 years from the date of application. Like the Chinese utility model patents, the South Korean Patent Law has the same requirements as the invention for the utility model patents, and must meet the requirements of practicability, novelty and creativity. However, compared with the invention patents, its standard for evaluation is slightly lower. From October 1, 2006, the rapid authorization system for South Korean utility models was revised to substantive examination authorization registration system which is intended to make applicants more stable in rights protection and more convenient in implementing rights.

Design patent

According to the South Korean Design Law, the “design” protects products made up of shapes, patterns, colors or combination of both, which can produce a visual impression. The product is generally considered to a tangible, movable, and independent object. South Korean design patents are valid for 20 years from the date of application. The South Korean Patent Office has adopted a combined system with examination and registration for design patent and some specific items.

South Korea applies the prior application rule, the early publication and delayed examination and the post-grant opposition system for invention patent application.
The South Korean utility model patents are adopted substantive examination system. Anyone can file an opposition to the granted utility model patent within three months from notice of grant date.
In terms of design patents, its application must be published at the request of the applicant. In addition, the design does not require the applicant to request for substantive examination, but the KIPO automatically arranges the review according to the sequence of the application date. After passing the substantive examination, the patents are granted.
Design applications can generally be registered within 2 to 3 months from the date of application. After the publication of the design registration, any person may file an opposition within 3 months from notice of grant date.

Patent, Registered design patent, Integrated circuit design patent.

Patent

Patents can be granted to inventions of products or methods. It must be of novelty, creativity, and industrial applicability. Patents are valid for 20 years from the date of application. For pharmaceutical patents, the term of protection can be extended.

Patents can be granted to inventions of products or methods. It must be of novelty, creativity, and industrial applicability. Patents are valid for 20 years from the date of application. For pharmaceutical patents, the term of protection can be extended.

Design refers to the shape, profile, pattern or decoration that is applied to the product by any industrial methods.
The registered design is initially valid for five years. Thereafter, according to the renewal fee paid by the registrant, it is updated every five years, and the maximum period is 15 years.
Design patents are not subject to substantive examination, only formal examination.

Standard patents and short-term patents
The Hong Kong Special Administrative Region has two types of patents: Standard patents and short-term patents.
Standard patents can be renewed once a year after the expiration of the third year and the maximum period is 20 years. Short-term patents can be issued for a period of 4 years from the date of filing the application, and it can be valid for a maximum of 8 years.

Applicants must submit an application to the Patent Registry of the Intellectual Property Department. For patents that have been filed in other places of the world or in other regions of China, they will not automatically protected in Hong Kong, mainland.
The Patent Registrar will review your patent application to ensure that the application meets the requirements about format for filing a patent application. Hong Kong will not conduct substantive examination on the novelty or creativity of inventions.

1. The description and application documents for applying for Taiwan patents must be written in traditional Chinese characters.
2. At the time of application, the documents that must be submitted are the request, the description, the schema, the affidavit, etc. The power of attorney and the nationality certificate (legal person certificate) can be submitted to the international patent application within 60 days after the application date.
3. After the application is submitted, the correction of the manual or the schema can be allowed, but the correction fee must be increased.
4. If there is an extension action, you need to increase the extension fee.
5. It should be noted that it is best to apply in Taiwan before the publication, otherwise there exists risks of being canceled.