PCT Patent Application Procedure
Trademark Application Procedure
Industrial Design Application Procedure
 

PCT Patent Application Procedure

1. General Information
1) Type of patent:
a. Invention patent
b. Utility model patent
2) Examination procedures:
Acceptance → Preliminary Examination → Publication → Substantive Examination → Grant
3) Examination term:
15 months from filing to registration, which can be further prolonged should any office action arises or be reduced by the favorable progress of examination.
4) Duration of Patent Protection:
a. Invention patent: 15 years from the international filing date, which is renewable for further 5 years.
b. Utility model patent: 10 years from the filing date, which is not renewable.

2. Requirements for Filing a PCT Patent Application Entering into the National Phase of DPR Korea
1) Required data for filing Application
Instruction letter with following particulars: (Front page of PCT international publication is sufficient)
a. Full Name, Nationality and Address of Applicant(s)
b. Full Name, Nationality and Address of Inventor(s)
c. PCT International filing date and number
d. Priority date, number and country (if priority is claimed)
e. International main classification
f. Title of the invention
Patent application in which the above items are filled should be submitted to the Invention Office before the due date of entering into the national phase with filing fee.
2) Documents to be submitted within 3 months from the filing date
a. Power of Attorney
Power of Attorney should be duly signed and dated by the applicant.
Legalization and notarization are not required.
b. Assignment Deed
It is to be simply signed and dated by the inventor and applicant.
One Assignment Deed shall be submitted for every one inventor.
If inventor is same with applicant, it is not required.
c. PCT Application Documents
- PCT international publication documents including description, claims, abstract and drawings (if any).
- If amendments based on PCT Articles 19, 34 and 28 or 41 have been made and the applicant wishes the amendments to be the part of the Korean national phase application, the amendments shall be provided.

3. Notes:
1) The Administrative Authority for patent affairs is the Invention Office of DPR Korea.
2) Requesting for substantive examination is not required separately, since substantive examination fee is included in application filing fee. Therefore once preliminary examination is over, substantive examination begins consecutively.
3) PCT application to enter into the national phase into DPR Korea shall be filed within eighteen (18) months or thirty (30) months from the PCT international filing date/priority date. If application fails to enter into the national phase before the due entry date, the filing can be further extended up to six (6) months with additional fee.
4) All the application documents and responses to the office action should be submitted within three (3) months from the filing or receiving date and the deadline can be extended up to three (3) months with term extension fee per month.
5) Since the Invention Office of DPR Korea requires application documents both in English and Korean version, it is recommended therefore, that the application documents be forwarded to our firm with sufficient time to prepare filing documents in Korean.

Non-PCT Patent

1. General Information
1) Type of patent:
a. Invention patent
b. Utility model patent
2) Examination procedures:
Acceptance → Preliminary Examination → Publication → Substantive Examination → Grant
3) Examination term:
15 months from filing to registration, which can be further prolonged should any office action arises or be reduced by the favorable progress of examination.
4) Duration of Patent Protection:
a. Invention patent: 15 years from the international filing date, which is renewable for further 5 years.
b. Utility model patent: 10 years from the filing date, which is not renewable.

2. Requirements for Filing a Non-PCT Patent Application Entering into the National Phase of DPR Korea
1) Required data for filing Application
Instruction letter with following particulars:
a. Full Name, Nationality and Address of Applicant(s)
b. Full Name, Nationality and Address of Inventor(s)
c. Priority date, number and country (if priority is claimed)
d. Title of the invention
Patent application in which the above items are filled should be submitted to the Invention Office before the due date of entering into the national phase with filing fee.
2) Documents to be submitted within 3 months from the filing date
a. Power of Attorney
Power of Attorney should be signed and dated by the applicant.
Legalization and notarization are not required.
b. Assignment Deed
It is to be simply signed and dated by the inventor and applicant.
One Assignment Deed shall be submitted for every one inventor.
If inventor is same with applicant, it is not required.
d. Specification, Abstract, Claims and Drawings (if any)
e. Priority document (If priority is claimed)

3. Notes:
1) The Administrative Authority for patent affairs is the Invention Office of DPR Korea.
2) Requesting for substantive examination is not required separately, since substantive examination fee is included in application filing fee. Therefore once preliminary examination is over, substantive examination begins consecutively.
3) Convention application to enter into the national phase into DPR Korea shall be filed within twelve (12) months from the priority date. If application fails to enter into the national phase before the due entry date, the filing can be further extended up to two (2) months with additional fees.
4) All the application documents and responses to the office action should be submitted within three (3) months from the filing or receiving date and the deadline can be extended up to three (3) months with term extension fee per month.
5) Since the Invention Office of DPR Korea requires application documents both in English and Korean version, it is recommended therefore, that the application documents be forwarded to our firm with sufficient time to prepare filing documents in Korean.

 
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