1. Kind of the Industrial Property in Korea

            Patent, Utility Model, Design, Trademark(including Servicemark), Computer Program and IC
            Layout Design

2. Characteristics of the Korean Industrial Property System

• First - to - File Rule
  For the invention, only the first application is entitled to get a patent. the rule is also applied, mutatis mutandis, to utility models, designs and trademarks.
   
• Principle of Examination
  Applications for patents, designs and trademarks should be substantively examined by the Examiner. With repect to utility model, the Examiner examines only formality of applications.
   
• Laying - open System
  Applications for patent or utility model registrations shall be laid open to the public after 18 months from the filing date or the priority date. However, applications for patents or utility model registrations may be laid open to public before 18 months from the filing date or priority date, if the applicant wants to do so. Applications for design registrations may be laid open to the public before the registration, if the applicant wants to do so.
   
• Opposition to the Grant of Right
  Within 3 months from the date of publication of registration of a patent or utility model application and within 30 days from the date of publication of a trademark(service mark) application, any person may file an opposition to the grant of right with the Korean Industrial Property Office.
   
• Prepositive Examination
  In the event that an appellate trial against the refusal is requested, if the specification or drawing is corrected within 30 days from the request date, the Commissioner of the Korean Industrial Property Office shall have the Examiner examine the request again before proceeding the appellate trial.  

3. Duration of the Industrial Property

• Patent : 20 years from the filing date
• Utility model : 10 years from the filing date
• Desgin : 15 years from the registration date
• Trademark : 10 years from the registration date (can be renewed)