특허법인 남앤남

FAQ

01. Is it permissible to file a multiple design application?

Yes. Up to 100 design embodiments may be included in a single application, provided they fall under the same Locarno class.

02. Is it possible to obtain design protection for a part of an article?

Yes. The part to be protected must be depicted with solid lines, and other non-protected parts in dashed lines.

04. Is it permissible to use a photograph instead of a drawing when filing a design application?

Yes. But, the photograph should clearly illustrate the design and have a plain background and no shadows.

05. Is it permissible to amend any design after filing an application?

Yes, until before a notification of provisional refusal is issued.

08. Is novelty examination carried out as part of the registration process?

Yes. But, novelty is not examined for a design of an article subject to partial examination, which fall under Locarno classes 1, 2, 3, 5, 9, 11 and 19. Nevertheless, if an Information Brief regarding lack of novelty of a design application is filed by a third party, novelty shall be examined referring to the Information Brief.

09. What are the required documents to record an assignment of IP rights?

i) Deed of Agreement [signed]

i) Corporation Nationality Certificate [notarized]

i) POA

10. If a company to have IP rights has merged with another company, how does it transfer the IP rights to the new entity?

The new entity can proceed with an assignment procedure based on merger, with certificate when and where the companies merged and the name and nationality of the new CEO.

12. Where and how can they search for information on Korea’s IP?

They can use the web site of the Korea Intellectual Property Rights Information Service (KIPRIS) to conduct an online search of Korean Patent Abstracts (KPA) of registered applications. http://kpa.kipris.or.kr/kpa/search/search_kpa.do.

13. What happens if a deadline falls on a weekend or public holiday?

If it happens, the deadline is automatically shifted to the next working day.

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