Fees associated with filing industrial design applications in South Korea, as well as other design fees, are available in the fee calculator.
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Multiple design applications
Multiple class design applications are possible in South Korea, provided that they belong to the same class of the international classification of industrial designs.
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Filing requirements of a design application in South Korea
The official language of a design application in Korea is Korean.
An application must contain at least the following:
- application stating name in full, address and nationality of the applicant(s) and inventor (including the name of a representative, if the applicant is a juristic person);
- date of submission;
- country, number, filing date of the priority application (if applicable);
- clear representation of the design;
- the article that is the object of the design.
A copy of the Priority Document alongside the translation into Korean should be submitted within 3 months of filing the design application in South Korea.
A scanned copy of the original Power of Attorney should be submitted simultaneously with filing the trademark application in the Republic of Korea. It is possible to submit this document at a later stage alongside the late submission charges. Official legalisation is not required.
The term for filing an industrial design application in South Korea claiming conventional priority is six months from the priority date. The restoration of this term is not possible.
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Examination of a design application in South Korea
Korea adopts unique hybrid examination systems: one is the Substantive Examination System (SES), and another is the Non-Substantive Examination System (NSES). Whether a design application is to be registered through SES or NSES is determined by the nature of article under the design application, as per the provision in the enforcement regulations of the Design Act, and thus, the applicant may not choose SES or NSES for registration of his design application. Request for examination is not necessary for a design application.
In Korea, the novelty grace period for industrial designs constitutes 12 months before the Korean filing date or before the priority date if it was disclosed by the designer or on behalf of a designer.
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Grant, validity term and design renewal fees
The validity term of an industrial design in Korea is twenty years from the date of filing. The registration fee for an industrial design in South Korea should be paid within three months from receipt of the Notice of Allowance, and this fee includes payment for the first three years. The further annuities are payable before the anniversary of the registration date. There is a grace period of six months for the late payment with the surcharge.
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Duration of registration procedure
Registration of a design application takes an average of one year dependent on whether the process is smooth or not.
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Representation by a patent attorney
For foreign applicants, it is necessary to perform industrial design prosecution in Korea through an agent, registered as a Korean patent attorney.
Online Search databases: Korean Industrial Designs, International Designs.
Brief summary is based on the information provided by JEONG, KIM & LEE IP LAW FIRM on 05.03.2024
Please contact us if the above information is not in conformity with South Korean IP Laws.