The Korean design patent application and examination process is divided into several major stages, and the time required for each stage varies depending on the specific situation

1. Submit the application

Applicants can file design patent applications online through the Korea Intellectual Property Office (KIPO). The application documents submitted shall include drawings of the design, specifications, information of the applicant and the inventor, etc. The application fee should also be paid at this stage.

2. Formal review

KIPO will conduct a formal review of the submitted application documents to ensure the completeness and compliance of the documents. This process usually takes one to two months. If the documents are incomplete or incorrectly formatted, KIPO will notify the applicant to make corrections.

3. Substantive review

Unlike some countries, South Korea conducts substantive examination of design patent applications. Reviewers evaluate the design for novelty, inventiveness, and industrial suitability. This phase usually takes six to 12 months. Applicants may request an expedited review, subject to meeting certain conditions, such as having already been authorized in another country or involving urgent business needs.

4. Announcement phase

Design applications that pass the substantive examination will be published in the KIPO announcement. The notice period is usually 2 months, during which the public can object to the application. If there is no objection or no objection, the application will proceed to the next stage.

5. Authorization and issuance

If there is no objection within the announcement period, or if the objection is rejected, KIPO will issue an authorization notice to the applicant. The applicant shall pay the registration fee within the specified time to complete the patent registration procedures. After successful registration, the applicant will receive a design patent certificate.

6. Patent maintenance

Korean design patents are protected for 15 years from the filing date, and no annual fee is required to maintain the validity of the patent. This is different from the regulations in some countries, and applicants should take care to maintain the valid status of the patent.

Expedited review

The Korea Intellectual Property Office offers an expedited review service, and applicants can request an expedited review at the time of filing their application. If the request for expedited review is accepted, KIPO will begin the review within 45 days and typically provide preliminary review results within 2 months.