A utility model registration covers the shape and/or structure of
a device.
A utility-model right is registered without examination and provides
protected for ten
(10) years. The owner of a registered utility model must secure a
validation through
a technical evaluation prior to exerting his rights.
¡ß Requirement for Utility-model application
Please refer to the "Requirements
for Patent Filing". However, submission of drawing is compulsory
in case of utility-model application.
¡ß Dual application
After filing a patent application, an applicant
can file an utility-model application within the range of the original
patent application before he/she receives the notice of allowance.
Since a patent application can take between two (2) and three (3) years,
an invention can be protected by a utility-model
registration. Then the invention will be protected
by a more powerful patent as soon as a notice of allowance is issued. However,
the patent can not possess two rights (patent and utility-model
right) simultaneously, theirfore, either one must be abandoned.
¡ß Utility-model registration publication
A specification regarding a registered utility-model right is published
on a Utility-model publication.
¡ß Request of technical evaluation
Anybody can request a technical evaluation for a utility-model application
or a registered
utility-model registration. When a request of technical evaluation
is made, the examiner
will examine the utility-model application or the registered utility-model.
¡ß Decision of Continuance
When a examiner can not find a reason of refusal
for an utility-model application or a registered utility-model registration,
he/she decides the utility-model registration be retained.
¡ß Decision of Cancellation
When a examiner found a reason for refusal for a utility-model application
or a registered utility-model registration, he/she issues an office
action. If the reason of office action is
not settled, he/she will issue cancellation decision to the utility-model.
The owner of the utility-model can request a Trial to the Decision
of a examiner before Patent tribunal within thirty (30) days from
the receipt of the decision in case that he/she received an cancellation
decision.
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