Utility Model

Definition

· Creation of technical ideas
using natural laws

Target

· Unlike the patent, the shape and structure of the article
· Only the design of the union
is subject to the grant of the right.

Right

· Monopolistic right for
production, use, transfer,
rental,import and exhibition
· Exclusive right

Right's term

· 10 years after filing date
(right arise from patent registration date)

Legal acton for infringer

· Imprisonment for not more
than 7 years
· Fines of less than 100 million
won
· Right of prohibition against
infringement of right
· Right of claim for damages
· Disposition
· Criminal complaint, etc.

Difference Between Patent and Utility Model

Type	Patent	Utility Model
Subject of protection	· Includes articles, methods, materials, etc.	· Limited to items
Right's term	· 20 years after filing date	· 10 years after filing date
Preferential examination	· Application supposed to a priority examination under the agreement of the head of the foreign patent office is only available on a patent.	· Application for preferrential examination within 2 months after application and request for examination is conducted at the same time is only available on a utility model.
Inventive step	· Relatively high	· Relatively low

Patent/ Utility Model Converted Application system

An applicant makes a change from a patent to a utility model or from a utility model to a patent from
the date of filing of the application until the registration or refusal decision(including 30 days from the date of service).
A system allows you to choose an application that is favorable to you.

Application Open system

The Intellectual Property Office discloses all contents of the patent application in the patent publication
if it has passed 1 year and 6 months after the filing or if there is an application for early disclosure by the applicant.

Claim of National Priority System

A system that allows an applicant to submit an application containing an improvement in the invention of
a previous application within one year of the previous application.

Request for Delay of Examination System

In order to meet customer's desire for late examination, the patent applicant can receive the examination of the patent application at the deferred time.
Provide screening services at the time of request instead of late inspection

Preferential Examination System

A system for requesting a preferential examination that others can perform without notice after application or that need urgent treatment

01. Preferential Examination Subject

· If a person who is not a patent applicant implement after the disclosure of the application
· Application for defense industry
· Application directly related to green technology
· Application directly related to export promotion
· Application for the duties of a national or local organization
· Application of a venture company, a technologically innovative small and medium enterprise or
a chosen company as a excellent compensation for employee’s invention
· Application for the results of the national new technology development
support project or quality certification project
· Application that forms the basis of the priority claim under treaty
· Application of self-implementation or preparation for self-implementation
· Application directly related to Electronic Transaction
· Application supposed to a priority examination under the agreement of the head of
the foreign patent office
· Application for requesting prior technology research agency to notify Intellectual Property
Office of results of research
· Application for an applicant who is 65 years of age or older or has a serious health problem
· Applied a utility model application for preferrential examination within 2 months after
application and request for examination is conducted at the same time
· Application directly related to the specialized project of the special zone for regional
development
· Application related to medical research and development in medical complex

Reexamination System

Even if a refusal decision is not demanded after the decision of rejection,
it is possible to request a reexamination at the same time as the amendment, and a system that allows the examiner to be reexamined.

Utility Model Application Flow Chart