At a glance
| Patent | Utility model | |
|---|---|---|
| What it protects | Any invention: products, methods, compositions, uses | The shape or structure of an article, or a combination of articles |
| Term | 20 years from filing | 10 years from filing |
| Inventive step | Not easily made by a skilled person | Lower threshold: not very easily made |
| Examination | On request, within 3 years | On request, within 3 years |
| Application fee (Korean) | KRW 46,000 | KRW 20,000 |
| Examination fee | KRW 166,000 + KRW 51,000 per claim | KRW 71,000 + KRW 19,000 per claim |
When a utility model makes sense
- The invention is a mechanical or structural improvement of a product, and a 10-year term is enough.
- Inventive step may be borderline: the lower threshold for utility models can make the difference.
- Cost matters: official fees, especially the examination fee per claim, are much lower.
When to choose a patent
- The claims include methods, processes, chemical or biological subject matter, or software-implemented inventions.
- The product has a long commercial life and needs the full 20-year term.
Examination and conversion
Since 2006, Korean utility models are examined before registration, like patents, so a registered utility model is a fully examined right. While an application is pending, it can be converted from a patent into a utility model or the other way round, within the statutory time limits, keeping the original filing date.
Questions
What can a Korean utility model protect?
The shape or structure of an article, or a combination of articles. Methods, processes and compositions need a patent.
How long does a Korean utility model last?
10 years from the filing date, against 20 years for a patent.
Is a utility model examined in Korea?
Yes. Korean utility models are examined before registration, on request, like patents, but with a lower inventive-step threshold.
Can a PCT application enter Korea as a utility model?
Yes. A PCT application can enter the Korean national phase as a utility model application, and a pending application can be converted between patent and utility model within the statutory time limits.