1) Government Agency
The Korean Intellectual Property Office (KIPO)

2) The Purpose of the Utility Model Law
The purpose of Utility Model Law is to promote the progress of technology by protecting and encouraging practical devices and by striving for their utilization so as to contribute to the development of industry.

3) The term of a utility Model Right
The term of a utility model right shall run from the date of registration of the utility model right and shall expire 10 years from the filing date of the utility model registration application.

1) Definition
“Device” means the creation of technical ideas utilizing rules of nature.

2) Unregistrable Devices
Devices which are identical with or similar to the national flag or decorations.
Devices which are liable to contravene public order or morality, or to injure public health.

PROCEDURES FOR A U.M. APPLICATION

1) Filing

(1) First-to-File Rule
Where two or more utility model registration applications relating to the same device are filed on different dates, only the first applicant may obtain a utility model registration for the device.

(2) Application for Utility Model Registration
Any person desiring to obtain a utility model registration shall file a utility model registration application with the Korean Intellectual Property Office.

Requirements for a “Utility Model Application”
- the name and the domicile of the applicant
- the name and the domicile, or place of business of the agent, if designated
- the date of filing
- the title of the device
- the name and the domicile of the deviser

A specification, a drawing or drawings, and an abstract shall be attached to the utility model registration application, giving:
- the title of the device;
- a brief explanation of the drawing(s);
- a detailed description of the device; and
- the claim(s).

2) Conversion of Application / Dual Application
An applicant for patent, utility model registration, or design registration may convert his application into an application for any of the three rights within specified time limits if the original application was filed before July 1, 1999. For applications filed on or after July 1, 1999, such conversion is impossible.

If a patent application was filed on or after July 1, 1999, an applicant of a patent application may file a dual U.M. application in parallel with the patent application, within the scope of the claims in the specification originally attached to the patent application, before the date of receipt of a certified copy of the examiner’s decision that a patent is to be granted or within 30 days from the receipt of an examiner’s first final rejection (“Dual U.M. application”). In such case, the dual U.M. application is deemed to have been filed at the time of filing of the patent application.

Similarly, an applicant of a U.M. application may file a patent application in parallel with the U.M. application within the scope of the claims of the specification originally attached to the U.M. application within one year from the date of the U.M. registration (“Dual patent application”). In such case, the dual patent application is deemed to have been filed at the time of filing of the U.M. application.

3) Registration
A person who desires to obtain registration of the establishment of a utility model right or an owner of the utility model right shall pay registration fees. The first year’s registration fee among the registration fees shall be paid at the same time with the filing of the utility model registration application. A person who takes an action relating to a utility model registration or requests the technical evaluation on utility model shall pay official fees.

a. Request for Technical Evaluation on Utility Model
When a utility model registration application is filed or a utility model is registered, any person may make a request for technical evaluation on a device relating to the utility model registration application or on the registered utility model to the Korean Intellectual Property Office, provided that if there are two or more claims, such request may be made for each claim.

b. Technical Evaluation by Examiner
Where a request for technical evaluation is made, the Korean Intellectual Property Office shall invite an examiner to make a technical evaluation on the registered utility model.

c. Publication of the Fact of Request in the Gazette
Where a request for technical evaluation on a utility model has been made before the publication of registration, the Korean Intellectual Property Office shall publish such notice in the Utility Model Gazette at the time of the publication of registration.

d. Formal Requirements of Ruling on Technical Evaluation
Once the ruling on the request for technical evaluation has been rendered, the Korean Intellectual Property Office shall transmit a certified copy of the ruling to the person who requests the technical evaluation and the owner of the utility model right.

1) Registration
A utility model right shall come into force upon its registration.

2) Term of Utility Model Right
The term of a utility model right shall run from date of registration of the utility model right and shall expire 10 years from the filing date of the utility model registration application.

3) Effects of Utility Model Right
An owner of a utility model right shall have an exclusive right to commercially or industrially work the registered utility model.

4) Limits of Utility Model Right
The effects of the utility model right shall not extend to the followings:
use of the registered utility model for the purpose of research or experiment: vessels, aircraft or vehicles merely passing through the Republic of Korea or machinery,
instruments, equipment or other accessories used therein: and
identical product existing in the Republic of Korea at the time of utility model registration application was filed.

1) Injunction
The owner of a utility model right or an exclusive licensee may request a person who has infringed or is likely to infringe his utility model right or exclusive license to cease or desist from the infringement.

2) Damages
Where the owner of a utility model right or an exclusive licensee claims, from a person who has intentionally or negligently infringed the utility model right or exclusive license, compensation for damage caused to him by the infringement.

3) Restoration of Business Reputation of Owner of Utility Model Right
Upon request of the owner of a utility model right or the exclusive licensee, a court may order a person who has injured the business reputation of the owner of the utility model right or the exclusive licensee by intentional or negligent infringement of the utility model or the exclusive license to take necessary measures to recover the business reputation of the owner of the utility model or the exclusive licensee.

4) Criminal Penalties
Any person who infringes a utility model right or exclusive license shall be liable to corrective labor up to seven years or to a fine of up to one hundred million Won