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¡ß Requirements to file a Patent
(A) Information of applicant etc.
(i) Name of
an applicant(s) and address(es)
(ii) Name
of an inventor(s) and address(es)
(B) Specification with Claims and Drawings,
if required.
(C) Power of Attorney duly executed
You can download
both of a General power of attorney and
a Specific
power of attorney from the download part this site.
¡ß Laying-Open of a patent application
Every patent application is laid open in
a publication after One and Half Years from
the original filing date. The laying-open procedure can be made earlier
than the usual
schedule by the request of an applicant.
After laying-open, the applicant can
send a warning letter to any third party who
embodies the invention.
¡ß Request of Substantial Examination
An examiner examines patent applicaitons
in the order of substantial examination
request. If the request of examination was
not made Within Five Years from the
filing date, the application shall be deemed
to have been withdrawn.
¡ß Substantial Examination
In order to
be patented, a filed invention should at least have industrial
applicability, novelty and the inventive step.
¡ß Office action
An examiner will issue an office action
against a patent application when the
application does not meet the above requirement.
The examiner notifies the
reason of refusal to the patent applicant,
and gives him (her) an opportunity to
submit a written opinion and/or Amendment
of specification within fixed period.
¡ß Allowance
When an examiner
can not find a reason of refusal, he issues a Notice of
Allowance.
¡ß Final rejection
When an applicant
fail to persuade an examiner who had issued an office action,
the examiner will issue a Final rejection.
The applicant can file an appeal to
Patent Tribunal within 30 days after he received the final rejection.
¡ß Registration of Patent right
Patent right will be registered by payment
of a registration fee
within three(3) months from the receipt
of Allowance notice. In case that the
period has passed, an applicant can still
pay the registration fee within six(6)
months from the receipt of Allowance notice
with a fine of 100%.
¡ß Registration Publication
A specification regarding a registered patent
right is published on a patent
publication.
¡ß Opposition
Within three
(3) months after the publication, anybody can file an Opposition
to
the same.
¡ß Decision for an Opposition
The examiners
in a team decide whether the patent should be cancelled or
retained after giving a patentee the opportunity to submit a response
against
an objection.
The patentee can request
a Trial to the Decision before the Patent Tribunal
within thirty (30) days from the receipt of the decision in the case
that he (she)
received a cancellation decision.
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