Subject Matter of Utility Model
“Device” means the creation of technical ideas utilizing rules of nature.
Devices which are identical with or similar to the national flag or decorations. Devices which are liable to contravene public order or morality, or to injure public health.
Laying open for Public Inspection
(1) First-to-File Rule
Where two or more utility model registration applications relating to the same device are filed on different dates, only the first applicant may obtain a utility model registration for the device.
(2) Application for Utility Model Registration
Any person desiring to obtain a utility model registration shall file a utility model registration application with the Korean Intellectual Property Office.
Requirements for a “Utility Model Application”
– the name and the domicile of the applicant
– the name and the domicile, or place of business of the agent, if designated
– the date of filing
– the title of the device
– the name and the domicile of the deviser
A specification, a drawing or drawings, and an abstract shall be attached to the utility model registration application, giving:
– the title of the device;
– a brief explanation of the drawing(s);
– a detailed description of the device; and
– the claim(s).
Conversion of Application
An applicant for patent or utility model registration may convert his application into an application for the other right within specified time limits.
A person who desires to obtain registration of the establishment of a utility model right or an owner of the utility model right shall pay registration fees. The first year’s registration fee among the registration fees shall be paid at the same time with the filing of the utility model registration application. A person who takes an action relating to a utility model registration or requests the technical evaluation on utility model shall pay official fees.