Frequently Asked Questions
Common questions about patents, trademarks and designs.
Q.What is a patent right?+
A patent right is a right granted to a person who has made an invention. An invention refers to a highly advanced creation of technical ideas utilizing the laws of nature.
Therefore, a law of nature itself that does not utilize the laws of nature (e.g., the law of universal gravitation) is not an invention. In addition, an obvious fact that is not newly created is not an invention, and even a creation that can be easily conceived by an expert in the relevant field is not an invention.
Q.What is the difference between a patent and a utility model?+
A patent protects an 'invention,' while a utility model protects a 'device' relating to the shape, structure, or combination of an article.
Compared to a patent, a utility model requires a relatively lower level of technical advancement (inventive step) and has a shorter term. Since the suitable system differs depending on the nature of the idea and the protection strategy, we recommend consulting a patent attorney before filing.
Q.What is a trademark right?+
A trademark is a mark (letters, figures, symbols, colors, etc.) used to distinguish one's own goods or services from those of others. Once a trademark is filed with and registered by the Korean Intellectual Property Office (KIPO), an exclusive right to use the trademark for the designated goods and services (trademark right) arises.
To protect your brand and prevent unauthorized use by others, it is advisable to consider trademark registration early in your business.
Q.What is a design right?+
A design right protects the external appearance design consisting of the shape, pattern, color, or a combination thereof of an article. It can prevent imitation of the aesthetic appearance of a product.
Q.What is the process from patent application to registration?+
It generally proceeds in the following order.
1) Filing - submitting the specification, claims, etc. to KIPO
2) Formality examination - checking formal requirements of the documents
3) Publication - in principle, published after a certain period from the filing date
4) Request for examination - requesting substantive examination within the prescribed period
5) Substantive examination - reviewing registration requirements such as novelty and inventive step
6) Decision to grant or reject
7) Payment of the registration fee and establishment of registration
Since specific periods and requirements vary by case, we provide guidance through consultation.
Q.What is a provisional application?+
It is a method of quickly securing a filing date by first submitting a document containing the content of the invention, even before completing the formal application documents. If you proceed to a regular application within the prescribed period, you can utilize the benefit of the previously secured filing date. It is useful when you need to secure a filing date quickly ahead of disclosing, exhibiting, or attracting investment for your idea.
Q.How can I get a consultation?+
Please contact us by phone (+82-2-543-3694) or email (idea@isquare.co.kr), or use the free consultation inquiry on our website. Our patent attorneys will advise you on all aspects of patents, trademarks, and designs.