특허법인 남앤남

FAQ

01. What are the differences between a patent and a utility model?

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

02. What documents should be submitted to apply for a microbiological patent application?

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.

03. Can a medical procedure be patented in Korea?

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.

04. Can a computer program be registered as a patent?

No. It is protected under the Copyright Act.

05. Is it permissible to convert a utility model application to a patent application?

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.

06. Is it permissible to get patent right for medical procedure?

No. It does not satisfy the requirement of patentability, industrial applicability.

07. What are the required documents to file a patent application?

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.

08. Is it required for an applicant to have an address in Korea to apply for a patent application?

No. However, an applicant must appoint a local patent attorney with a residential address in Korea.

09. Is it permissible to file a patent application in English without a Korean translation?

No. It is required to include a Korean translation at the time of filing or later.

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