The rights secured under a new design application provide protection for fifteen (15) years.
There are special systems such as Non-examination designs, Multiple design, Similar
design, Set-items design and Secret design.

¡ß Requirement for Design application


Please refer to the "Requirement for Patent Filing". However, submission of drawing is compulsory. Photographs, model and sample can be filed instead of drawings.


¡ß Laying-open of design application

A design application is published in the case that the applicant requests the publication of his/her application at the time of filing or later. The effect of laying-open is the same as patent.

¡ß Examination

The major requirements of design registration are as follows:

A. Novelty

A design may not be granted if the design was publicly known or worked in the country prior to the filing and/or was described in a publication distributed inside or outside Korea prior to the filing of the design application.

B. Creativity

A design application may not be registered if the design could be created easily by a person who has ordinary knowledge in the field to which the design belongs by means of an shape, pattern and color or the combinations thereof. Therefore, any design, which is created on the basis of well known shape, pattern, publication, buildings, constructions or landscape may not be registered.

C. Industrial applicability.

Industrial applicability means that an article to which a design is embodied should be manufactured repeatedly.

¡ß Non-examination Registration

Design application regarding fabrics, wall paper, costumes, bed fabrics and other several articles of which the possibility of successful registeration are high, may be registered without examination.

¡ß Allowance

When an examiner can not find a reason of refusal, he will issue a Notice of Allowance.

¡ß Registration of Design right

A Design registration right will be registered by payment of a registration fee within three(3) months from the receipt of Allowance notice.

¡ß Office action

An examiner will issue an office action when an application does not meet the above requirement. Within the designated period, an applicant might submit an Written opinion and/or Amendment of drawings.

¡ß Registration Publication

Registered designs are published on a Design registration publication.

¡ß Allowance of design application

Where an examiner cannot find a reason for refusal of any design application, he issues Notice of Allowance.

¡ß Objection

Any person who intends to make an opposition to a registered design will have to submit a written opposition to the Commissioner of the Korean Industrial Property Office specifying the reasons accompanied with necessary evidential materials.

¡ß Decision for an objection

The examiners in a team decide whether the registered design should be cancelled or
should be continued after giving opportunity to owner against the objection. The owner can
request a Trial to contest the decision within thirty (30) days from the receipt of the decision in the case
that he/she received a cancellation decision.