씨앤엘국제특허법률사무소
C&L International Patent Law Office
PATENT
TRADEMARK
DESIGN
Korean Intellectual Property Law
Patent / Utility Model
1. Definition
■ “Invention” refers to the highly advanced creation of technical ideas applying the law of nature (Article 2(1) of the Korean Patent Act)
■ “Patented invention” refers to an invention for which a patent has been granted. (Article 2(2) of the Korean Patent Act)
■ “Utility Model” refers to creation of technical ideas applying the law of nature. (Article 2(1) of the Korean Utility Model Act)
2. Procedures and terms for patent and utility model applications
■ Filing an application after consultation: within one (1) week
■ Time taken till registration: approximately one (1) year from filing date (if accelerated examination is requested: approximately five (5) months from filing date)
3. Requirements for patent registration
■ An inventor or a successor in title has the right to patent
■ An applicant may be either a natural person or a legal entity
■ The highly-advanced creation of technical ideas utilizing laws of nature
■ Industrial applicability (unpatentable if the invention is contrary to public order and morals)
■ Novelty and inventive step