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What is Patent?

It is an exclusive protection document granted to the inventor.

 

What are the conditions for obtaining a patent?

  • The invention must be new.
  • The invention must involves an innovative step.
  • The invention must be Industrially applicable.

 

How long does Patent protection last?

Patent is generally granted for 20 years from the date the patent application is filed.

 

What are the topics that cannot be patented?

  • discoveries, scientific theories, and mathematical methods.
  • Business practices, rules and methods, purely intellectual activities, or the exercise of a game.
  • Plants, animals, and processes – which are mostly vital – used for production of plants, or animals, except microorganisms, non-biological processes, and microbiological processes.
  • Treatment methods of the human body or animal, surgical, or therapeutic, and diagnosis methods of the disease applied to the human body or animal, excluding the products used in any of those methods.

Including computer programs, and any other works included in literary works.

 

Patent Prosecution Highway between SAIP and the KIPO

SAIP and KIPO agreed at the Commissioner’s Meeting held in March 2019 to start a PPH pilot program. The commencing date is July 1, 2019 for three years. Details on requirements and procedures in each office are found in the documents below.

PPH Request to SAIP

Requirements and procedures for filing a request to SAIP for participation in the PPH program can be found in the document 1 below:

Guideline for Procedures to file a request to the SAIP for the PPH (English)

PPH Request to KIPO

Requirements and procedures for filing a request to KIPO for participation in the PPH program can be found in the document 2 below:
https://www.kipo.go.kr/en/HtmlApp?c=100016&catmenu=ek02_02_03

 

What is Copyright?

It is a legal term that describes the rights granted to innovators in respect of their literary and artistic works and covers a wide range of books, music, oil paintings, computer sculptures, databases, advertisements, geographical maps and technical drawings.

 

What are neighbouring rights?

It is the set of rights granted to some persons or authorities that assist in making the work available to the public.

 

How long does Copyright protection last?

Copyright protection lasts for the life of the author in addition to 50 years after his death.

 

What are the compilations that excluded from protection?

  • Regulations and judgments, decisions of administrative departments, international conventions and other official documents, as well as the official translations of these texts, taking into account the provisions governing the circulation of such documents.
  • Ideas, procedures, methods of work, concepts of mathematical science, abstract principles and facts.
  • What is published by newspapers, magazines, periodicals, radio like daily news, or new incidents.

What is trademark?

All that takes a distinctive form of names, words, signatures, letters, symbols, numbers, addresses, stamps, drawings, images, inscriptions, packaging, graphic elements, forms, color, color combinations or a combination thereof, Used or intended to be used to distinguish the goods or services of an enterprise from the goods or services of other enterprises or to indicate the performance of a service, or to conduct the inspection of goods or services.

 

How long does trademark protection last?

The term of a trademark is 10 years with possibility of extension

What is Industrial design?

Is a collection of two-dimensional lines or colors, or a three-dimensional form that gives any industrial product or product of traditional crafts a special appearance, provided that it is not merely for a functional or technical purpose, including textile designs. The industrial design is protected by a protection document called “industrial design certificate”.

 

What are the conditions for obtaining the industrial design certificate?

The industrial design certificate shall be awarded if the design is new and has characteristics that distinguish it from the known industrial designs.

What is integrated circuit?

An integrated circuit is a product in its final or intermediate form in which the elements, at least one of which is active, and some or all of the interconnections
are integrally formed in or on a piece of material, and the purpose of this is to perform an electronic function.

 

What is layout design?

A layout design is the three-dimensional arrangement of integrated circuit elements – at least one of which is active – and all or some of the links, or the three-dimensional arrangement of an integrated circuit for manufacturing.

 

What is the term of protection for layout designs certificate? 

The protection period for layout designs is ten years from the date of filing the application or ten years from the date of start of its commercial exploitation anywhere in the world. In any case, the protection period may not exceed fifteen years from the date of creation of the design

What are plant varieties?

A plant group from a single plant class, from the lowest known grades, which can be identified by expressing the characteristics of a given genetic structure or a particular set of genotypes, and distinguishing them from any other plant group by expressing at least one of the characteristics mentioned, and consider it as unit given its ability to reproduce without change.

 

When is the plant variety patentable?

The plant variety is capable of obtaining a plant patent, if it new, distinctive, homogeneous and consistent, and has begun to be named.

 

How long does plant patent protection last?

The plant patent protection period is twenty years from the date of filing the application. For trees and vineyards, the protection period is twenty-five years