Domestic Procedure

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Formality Examination - Request for Examination - Substantive Examination

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).

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 If no request for examination is made within the period, the patent application is deemed to have been withdrawn.

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

  • Does the invention correspond to a technical idea using the law of nature?
  • Does the invention have industrial applicability?
  • Is the invention a new invention?
  • Does the invention have an inventive step compared to existing inventions?
  • Does the invention include a non-patentable matter?
  • Is the invention specifically described in the specification and are the claims clear?
  • 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.

Formality Examination - Substantive Examination - Publication of Application (Decision of Publication)

Formality Examination

A trademark application submitted to the KIPO is checked to ensure that all requirements for formality prescribed in the Ordinance are satisfied (the trademark application may be accepted or turned down according to whether or not there is an incomplete matter).

Substantive Examination

An examiner conducts a substantive examination after the formality examination and issues a decision to publish a trademark or a notice of reasons for rejection according to whether or not the examiner finds reasons for rejection.

Publication of Application (Decision of Publication)

If the examiner does not find any reasons for rejection of the trademark application, he or she shall publish the trademark application to the public. Any person may file an opposition within two months. If the opposition is not filed, the examiner shall render a decision to register the trademark.
In a case where the accelerated examination system is used, a first examination shall be conducted within about two months from the date when the request for the accelerated examination is filed, and the period will be reduced to three to five months up to registration.
The duration of a trademark right can be renewed every ten years and the trademark right can be permanently owned.