Korean IP Right
1. Application Procedure
- Examination
- Registration
- Refusal
- Tribunal & courts
Filing an application
Formality examination
Request for examination
Substantive examination
Allowed
Decision of registration
- Publication of gazettes
Registration
Request for invalidation trial
Decision on invalidation
maintain or revoke
Patent Court
Supreme Court
Refused
Notification of reasons for refusal
Written opinion / amendment
Reconsideration of reasons for refusal
Decision of refusal
Appeal against examiner’s decision of refusal
Refusal maintained
Appeal decision to maintain examiner’s decision of refusal
Patent Court
Supreme Court
Refusal revoked
Appeal decision to revoke examiner’s decision of refusal
Substantive examination
1. Application Procedure
- Examination
- Registration
- Refusal
- Tribunal & courts
- Filing for accelerated examination
Application
Formal examination
Substantive examination
No reasons for refusal
Publication
Publication gazette
- 2 months
Opposition
Reasons for refusal found → Decision of refusal
- No reasons for refusal
Decision of grant of protection
- 2 months + extension of 30 days (if requested)
Registration
- Register
Renewal
Invalidation, cancellation
Pre-litigation procedure
Intellectual Property Tribunal
- 30 days
The Patent Court
- 30 days
Supreme Court
Infringement
Civil / Criminal Court
- District / High Court
Supreme Court
Reasons for refusal
- FA within 2 months from the request for accelerated examination
Notification of provisional refusal
Written opinions / amendments
Overcome → Publication
- Not overcome
Decision of refusal
- 30 days + extension of 30 days (if requested)
Intellectual Property Tribunal
- 30 days
The Patent Court
- 30 days
Supreme Court
1. Application Procedure
- Examination
- Registration
- Refusal
- Tribunal & courts
Application
- Request → Earlier publication
Formality check
Substantive examination
Allowed
Decision of registration
- Payment of registration fee
Registration
Publication of Design Gazette
Request for invalidation
Intellectual Property Tribunal
Refused
Notification of reasons for refusal
Written opinions / amendment
Overcome → Decision of registration
- If not
Decision of refusal
- Appeal
Intellectual Property Tribunal
- Appeal
Patent Court
- Appeal
Supreme Court
Application
Formality check
Basic examination
Allowed
Decision of registration
- Payment of registration fee
Registration
- Request for invalidation → Intellectual Property Tribunal
Publication of Design Gazette
Request for opposition
Decision on opposition
Sustained
Decision to sustain
Cancelled
Decision to cancel
Intellectual Property Tribunal
Refused
Notification of reasons for refusal
Written opinions / amendment
Overcome → Decision of registration
- If not
Decision of refusal
- Appeal
Intellectual Property Tribunal
- Appeal
Patent Court
- Appeal
Supreme Court
