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It must be done within 5 years of application, otherwise it will be considered withdrawn.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.
Trademark
l Formality Examination
A patent application submitted to the KIPO is checked to ensure that all requirements for formality prescribed in the law are satisfied (the patent application may be accepted or turned down according to whether or not there is an incomplete matter).
l Request for Examination
A request for examination should be made within 5 years from the filing date of the patent application. If no request for examination is made within the period, the patent application is deemed to have been withdrawn.
l Substantive examination
An examiner conducts a substantive examination of the invention to judge whether or not a patent can be granted for the patent application (according to the results of the examination, a decision to register a patent or a Notice of reasons for rejection can be issued).
Guidelines for Examination
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Does the invention correspond to a technical idea using the law of nature?
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Does the invention have industrial applicability?
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Is the invention a new invention?
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Does the invention have an inventive step compared to existing inventions?
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Does the invention include a non-patentable matter?
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Is the invention specifically described in the specification and are the claims clear?
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Has the patent application been filed earlier than those filed by other persons?
If the accelerated examination system is used, the examination period can be reduced to 3 to 5 months.