A utility model is similar to a patent insofar as it protects the creation of a technical idea and is governed by most of the same regulations that apply to patents. Utility model rights, however, are intended for inventions that fall short of the required level of patentability. Patent rights cover products and methods while utility model rights are limited to only products. A patent is effective from the moment of
When applying for a microbiological patent, an applicant should deposit the relevant microorganisms at an authorized depository. This requirement does not apply if the microorganisms are easy to obtain. The authorized depositories include the Korean Collection for Type Culture, the Korean Culture Center of Microorganisms, and the Korean Cell Line Research Foundation.
No. One of the requirements of patentability is industrial applicability. Medical procedures cannot be patented in Korea because they are deemed to lack industrial applicability.
No. It is protected under the Copyright Act.
Yes, under certain circumstances. An applicant who applies for a utility model registration may convert the utility model application to a patent application within the scope of matters stated in the description or drawing(s) originally attached to the utility model application.
No. It does not satisfy the requirement of patentability, industrial applicability.
i) Application form stating applicant’s name/address, the date of submission, the title of the invention, and the priority data.
i) Specification; Drawings; Abstract; Priority document; POA.
No. However, an applicant must appoint a local patent attorney with a residential address in Korea.
No. It is required to include a Korean translation at the time of filing or later.
Yes. An applicant can divide it into two or more applications and filed a divisional application.
Within 31 months of priority date.
No. There is no remedy.
Yes. It’s allowed.