씨앤엘국제특허법률사무소
C&L International Patent Law Office
PATENT
TRADEMARK
DESIGN
Korean Intellectual Property Law
Design
1. Definition of design
The shape, pattern, or color, or a combination of these which produces an aesthetic impression in the sense of sight (Article 2(1) of the Design Protection Act)
2. Design registration process
■ An application can be filed within three (3) days from the consultation for determining registrability
■ Time taken to registration: approx. seven (7) months to one (1) year (if accelerated examination requested: approx. three (3) months)
* Term of a design right: 20 years from the filing date (annuities are paid annually)
3. Requirements for design registration
■ Novelty: design that has not been published before the filing date or in a state in which anyone could identify it
■ Creativity: design that cannot be easily created domestically by a person with ordinary skill in the art
■ Industrial applicability: same design that can be produced in large quantities by industrial production methods
* Must meet the requirements of novelty, creativity, and industrial applicability and fulfill the extended first-to-file.