Understanding the Difference Between Patent Application and Patent Registration in korea

1. Why Understanding the Difference is Important

For inventors looking to protect their innovative technologies, understanding the difference between a patent application and patent registration is crucial. Many people are unaware of these differences, so in this article, we'll explore what distinguishes a patent application from patent registration.

2. What is a Patent Application?

A patent application involves submitting necessary documents to the Korean Intellectual Property Office (KIPO). It’s important to note that simply filing a patent application does not grant you patent rights. Once you have prepared and submitted the required documents (such as the specification, claims, and drawings), you will be assigned a patent application number. This number is vital as it determines who has priority for the patent in cases where the same technology is filed by multiple parties.

As shown in the diagram below, after submitting the application to KIPO, you must also pay the application fee. If this fee is not paid, your application may be considered invalid.

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3. Publication and Examination

After completing the patent application, it will be published 18 months from the filing date. Additionally, you can request an examination of your application. During this examination process, KIPO will review your application as shown in the diagram below.

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4. Patent Registration

If your application passes the examination process without objections related to novelty or inventiveness, KIPO will issue a decision to grant the patent. After receiving this decision, you must pay the registration fee within three months to complete the patent registration process. It is only after this registration that patent rights are granted, giving you exclusive rights to your invention for 20 years from the filing date.

At this stage, no one else can use your patented technology without your permission. Please note that there is an additional six-month grace period to pay the registration fee, though late payments will incur additional fees (ranging from 3% to 18% depending on how late the payment is).

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5. Conclusion

Understanding the difference between patent application and registration is essential. Knowing these differences helps you follow the correct steps to protect your invention and maintain your intellectual property rights. With this knowledge, you can prevent legal issues and maximize the commercial potential of your invention. For more detailed guidance, you can consult the Korean Intellectual Property Office (KIPO). This content provides a comprehensive overview of the patent process to ensure that inventors can effectively safeguard their intellectual property.

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