Domestic Application Procedure
Process
Patent
l Method review
Examine whether it conforms to the formal requirements set forth in the law
(may be repaired or rejected depending on the presence or absence of defects).
l Request for examination
It must be done within 5 years of application, otherwise it will be considered withdrawn.
l Substantive examination
Examination in which an examiner examines an invention and determines whether or not it should be registered as a patent
(Based on the results, a patent decision and opinion submission notice are issued.
Judging criteria
Is this a technical idea that utilizes the laws of nature?
Is it industrially applicable?
Is this a new invention?
Is this invention more advanced than previous inventions?
Does this not fall under the reasons for non-patentability?
Is the invention specifically described in the specification and is the scope of the claims clear?
Did you file before someone else?
If you use the priority review system, you can shorten the review period to 3 to 5 months.
Brand
l Method review
Examine whether it conforms to the formal requirements set forth in the law
(may be repaired or rejected depending on the presence or absence of defects).
l Request for examination
It is carried out after the method review, and a public announcement decision letter and opinion submission notice are issued depending on whether there is a reason for rejection.
l Application publication (publication decision)
If there are no reasons for rejection of a trademark registration application, the contents are made public to the public, and if there are any objections, an objection can be filed within two months. If there are no reasons for rejection, registration is decided.
When using the priority review system, the first review is conducted within approximately 2 months from the date of application for priority review, and the registration period can be shortened to 3 to 5 months.
Trademark rights can be renewed every 10 years, allowing you to own the trademark in perpetuity.