Filing Design Application

First-to-File Rule

Where two or more design applications relating to the same or a similar design are filed on different dates, only the first applicant may obtain a design registration therefor.

Requirements for filing design application

In order to file a design application in Korea, the following information and documents are required:

  • Name(s), address(es) and nationality of the applicant and the inventor(s);
  • Drawings or photos of six directional views and a perspective view of the article;
  • Original executed Power of Attorney signed by the applicant, or a representative if the applicant is a legal entity; and
  • A certified copy of the priority document, (if claimed.)

Laying Open of Application

An applicant of design examination application may request the laying open of his or her application. Where the request for the laying open of application is made, the design application shall be laid open in the Design Gazette.

Examination by Examiner

The Commissioner of the Industrial Property Office shall cause an examiner to examine applications for design registration.

Notification of Reasons for Rejection

The examiner shall, when he intends to render a decision of rejection, notify the applicant of the reasons of rejection and give him an opportunity to submit his arguments, designating a time limit for such submission.

Decision of Rejection of Design Registration

The examiner shall make a decision that a design registration application is to be rejected when the applicant could not overcome the reasons for rejection.

Decision of Registration

Where no grounds for rejecting a design registration application are established, the examiner shall make a decision that the design is to be registered.

Payment of Registration fee

A person who desires a registration of establishment of a design right or an owner of a design right shall pay design registration fees. The person who desires a registration of establishment of a design right or the owner of a design right may pay registration fees within six months from the expiration of the time limit for paying registration fees. In the case of late payment of a registration fee, an amount equivalent to twice the fees to be paid shall be paid.