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Newsletters and Bulletins / August 1999 / Korea (South) |
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Korea (South) - Revision of Patent and Utility Model Laws A number of revisions of the Korean law relating to patents and utility models came into effect on July 1, 1999, including those set out below. 1) It is now possible to claim priority from a utility model application for a patent application filed within one year of the filing of the utility model application.
2) Although the prohibition on double patenting between patents for inventions and utility models remains, it is now possible to file a utility model application for subject matter falling within the scope of the claims of a prior filed patent application at any time prior to the issue of a notice of allowance of the patent application, provided, however, that if a final rejection is made of the patent application any utility model application based on it must be filed within thirty days of that final rejection. 3) Utility model applications are to be subjected to only a formal examination instead of the novelty examination to which they have previously been subjected. The examination will continue to check that the application is directed to features of shape or configuration of an article, that it does not offend against morality or harm public health and that the model is not the same as or similar to the national flag or national medals. Subject to certain conditions, applicants for utility model protection whose applications were on file before July 1, 1999 can request that their applications be treated under the new provisions. 4) Anyone can file a request for the "technical evaluation" of a utility model application or a utility model registration which will lead to the issue of a decision that the protection should be maintained or canceled; an evaluation leading to a decision to maintain the protection is to be a prerequisite to any action to enforce utility model protection. |
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© Copyright 1999 Ladas & Parry - Posted 10/11/1999
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