Intellectual Property Rights (IPR)
Intellectual property rights are defined as the legal rights bestowed upon a person’s intellectual creation that is considered worthy of receiving legal protection.
Types of intellectual property rights
Industrial property rights
- Patent
- Utility model
- Design right
- Trademark
Copyright
- Copyright
- Neighboring right
- Database
Patent application and examination process flowchart
(※ The Articles refer to the Trademark Act)
-
Application
(Article 42)
Within 5 years
-
Formality examination
- 15 months after application
-
Publication of application
(Article 64)
-
Request for examination
-
No Request for examination
-
Application deemed withdrawn
(Article 59)
-
Application deemed withdrawn
- YES Request for examination
-
No Request for examination
- Substantive examination
-
Reason for rejection
-
YES Reason for rejection
※ Refer to the examination flowchart after the notification of reason for refusal
-
Notice of grounds for rejection
(Article 63)
- Written opinion/ complementary statement
-
Resolution of reason for rejection
-
No Resolution of reason for rejection
-
Decision of rejection
(Article 62)
- Request for re-examination
-
Trial against decision to reject patent application
(Article 132-3)
-
Decision to revoke refusal
(Article 176)
-
Decision to revoke refusal
- Decision to maintain refusal
-
Decision of rejection
- YES Resolution of reason for rejection
-
No Resolution of reason for rejection
-
Notice of grounds for rejection
-
No Reason for rejection
-
Decision to grant patent
(Article 66)
-
Registration of patent right establishment and publication of registration
(Article 87)
-
Request for invalidation trial
(Article 133)
-
Revoke
(Article 162)
-
Maintain
(Article 162)
-
Revoke
-
Decision to grant patent
-
YES Reason for rejection
-
Patent Court
(Article 186)
- Supreme Court
Trademark examination process flowchart
- Trademark registration application
-
Examination
[Substantive examination]
- Notice of grounds for rejection
-
Written opinion/
complementary
statement
-
[Reason for rejection is resolved]
- Publication of application
-
Public examination: 2 months
-
Filing of opposition
- Notice of filing of opposition
- Notice of response to opposition
-
Decision of opposition
-
No
Reason
Appeal unacceptable
- Decision of registration
- Registration
- Reason
-
No
Reason
-
Filing of opposition
- [Reason for rejection is not resolved]
-
[Reason for rejection is resolved]
-
Decision of rejection
[Appeal]
-
Intellectual Property
Trial and Appeal
Board
[Appeal]
-
Patent Court
Go to Examination [Substantive examination]
-
Supreme Court
Go to Examination [Substantive examination]
[Invalidation of original decision]
Design application and examination flowchart
- Issuance of applicant code
- Submission of application
- Issuance of application number
- Digitalization of application document
- Formality examination of application
-
Examination of
qualification for
registration
- Notice of submission of opinion
-
Written opinion/
complementary
statement
Unresolved
- Rejection decision
-
Trial against
decision to
reject application
- Cancellation (Go to Registration decision)
- Filing of lawsuit for cancellation of trial decision
- Registration decision
- Payment of registration fee
-
Public notice of
registration
Opposition against registration
-
Decision to cancel
registration
(Go to Trial against decision to reject application)
-
Decision to cancel
registration
- Issuance of registration certificate
Efforts to protect intellectual property rights
-
Reinforcement of the protection of
intellectual property rights- Establishment of a world-class intellectual property service system
- Related laws and system improvements
- Prevention of counterfeit products distribution
- Efforts to educate the public about intellectual property rights protection
- Information on intellectual property rights and counseling services
-
Intensification of international cooperation
-
Intensification of multinational cooperation
(IP5: KoreaㆍU.S.ㆍJapanㆍChinaㆍEurope) - Intensification of bilateral cooperation
- International patent application system according to the Patent Cooperation Treaty (PCT)
- Protection of internationally recognized trademarks
-
Intensification of multinational cooperation
Contact
-
Contact for inquiries concerning industrial property rights
(patents, trademarks and designs)Korea Intellectual Property Office Call Center (+82-1544-8080)
-
Contacts for inquiries concerning copyrights
Korea Copyright Committee (www.copyright.or.kr / +82-2-2660-0000)
Ministry of Culture, Sports and Tourism (+82-44-203-2000)
(Division in charge: Copyright Policy Division under the Cultural Contents Project Office) -
Brand Police
www.ippolice.go.kr/bp/main/gvnfPatent.do?menuDiv=gvnf
+82-2-1666-6464
Online
consultant

- KOTRA
- SUH Sung-bong Executive Consultant
- 02-3497-1736
- sbsuh@kotra.or.kr
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