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01. Overview
02. Filing Requirements
03. Registration |
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If patents protect inventions, utility models protect devices that are less sophisticated technologically than inventions but still have utility or usefulness. Primarily, they involve improvements in already existing, useful technology and apply to a device's shape, structure, or make-up/elements. They lack the advanced degree of technology associated with inventions. However, just like patents, once a utility model is submitted to KIPO through an application, examined, and registered, the owner has exclusive ownership rights, or utility model rights, and can prohibit others from the use, creation, and sale of the device.
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- Full particulars of applicant(s) and inventor(s);
- Specification, claims, abstract, and drawings in original language;
- Priority data including filing date, application number, country name, if priority is claimed;
- Certified copy of a priority application, if priority is claimed; and
- A simply signed Power of Attorney
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Currently, the process is such that the application is approved as long as the formal procedure is followed, and the applicant can expect the registration to be issued in approximately 3 months after filing. However, because no substantive examination takes place, one cannot exercise any legal rights until an examination of its technical merit takes place. Unlike for patents, any person may request a technical evaluation of a registered utility model at any time after the registration date.
Utility model rights last for 10 years after the filing date. |
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