1. GENERAL INTRODUCTION TO THE PATENT ACT OF REPUBLIC OF KOREA
The Patent Act of Republic of Korea was approved on Aug. 12th 1908. Korea became a member of the Paris Convention for the Protection of Industrial Property on May.4th 1980.The Korean government submitted an application for joining the Patent Cooperation Treaty to the World Intellectual Property Organization on Aug. 10th 1984, Namely, Korea officially joined the Patent Cooperation Treaty since then. Korea also joined WTO/TRIPs agreement on Jan.1st 1995 and Madrid agreement on Dec.11st 2002 respectively.
Therefore, foreign enterprises and individuals can apply for a patent in Korea through the Paris Convention and the Patent Cooperation Treaty.
2. TYPE OF PATENT AND APPLICATION PROCESS
The type of Korean patent is same to that of the civil law countries, such as Germany, Japan, comprising inventions, utility models and designs. According to the Patent Act of Republic of Korea, KIPO may carry out substantive examination to an invention patent application and a utility model patent application. The duration of the invention patent right shall be 20 years, commencing from the date of application. The duration of the utility model patent is 10 years and the duration of the design patent is 15 years, commencing from the date of registration.
2.1 Invention Patent
2.1.1 Concept and Description of the Invention Patent
According to the Patent Act of Republic of Korea, the term “invention” refers to any new technical solution relating to a product, a process or an improvement thereof.“Product” refers to all kinds of new products manufactured by industrial methods, including items with a certain shape and structure, such as solid, liquid and gas. “Method” refers to the method of processing the raw materials into a variety of products. It is not required that an invention patent can be directly applied to industrial production and technological achievements. It can be a solution or an idea to solve the technical problem, having the possibility of industrial application. However, such technical solution or idea should not be confused with proposing pure conceptions because pure conceptions cannot be applied to industrial applications.
2.1.2 Application Process of an Invention Patent
Similar to most of the countries, Korea carries out substantive examination to the invention patent applications, namely, examining the novelty, creativity of the invention patent applications.
2.1.3 Required Documents for Application
w Written description, written claim, written abstract, drawings of written description and drawing of abstract.
w Letter of authorization for the application of patent, which is required to be signed by the applicant or stamped (no notarization or certification is required).
w Name and address of the applicant, name and address of the inventor, etc.
2.2 Utility Model
2.2.1 Concept and Description of the Utility Model Patent
According to the Patent Act of Republic of Korea, the term “utility model” refers to any new technical solution relating to a product’s shape, structure, or a combination thereof, which is fit for practical use. Same as an invention patent, a utility model patent also protects a technical solution. However, the protective scope of the utility model patent is comparatively smaller, namely, protecting the new products with a certain shape or structure merely. A utility model patent DOES NOT protect the method and the substance without definite shape. Comparing with the invention patent, utility model patent pays special attention to the utility of the technical solution, and the technical level of a utility model patent is lower than that of an invention patent.
2.2.2 Application Process of a Utility Model Patent
KIPO carries out substantive examination to the utility model patent application.
2.2.3 Required Documents for Application
w Written description, written claim, written abstract, drawings of written description and drawing of abstract.
w Letter of authorization for the application of patent, which is required to be signed by the applicant or stamped (no notarization or certification is required).
w Name and address of the applicant, name and address of the inventor, etc.
2.3 Design Patent
2.3.1 Concept and Description of the Design Patent
According to the Patent Act of Republic of Korea, the term “design” refers to any new design of a product’s shape, pattern or a combination thereof, as well as the combination of the color and the shape or pattern of a product, which creates an aesthetic feeling and is fit for industrial application. Application Process of a Design Patent
2.3.2 Application Process of A Design Patent
2.3.3 Required Documents for Application
w Six-side views and three-dimensioned drawing;
w Brief description of design patent, including name of product, application and design features, etc.
w Letter of authorization for the application of patent, which is required to be signed by the applicant or stamped (no notarization or certification is required).
w Name and address of the applicant, name and address of the inventor, etc.
3. WHAT SHALL NOT BE GRANTED
According to the Patent Act of People’s Republic of Korea,
No patent shall be granted for an invention that contravenes any law or social moral or that is detrimental to public interests;
No patent will be granted for an invention based on genetic resources if the access or utilization of the said genetic resources is in violation of any law or administrative regulation.
According to the Patent Act of Republic of Korea, for any of the following, no patent right shall be granted:
w Scientific discoveries;
w Rules and methods for mental activities;
w Methods for the diagnosis or for the treatment of diseases;
w Animal and plant varieties;
w Substances obtained by means of nuclear transformation; and
w The design, which is used primarily for the identification of pattern, color or the combination of the two on printed flat works.
