I. Time Required for Processing of a Patent Application
 
Q: How many days does Wonjon IP Law Firm require for preparing and filing a patent application?
 
A: For a patent application written in English or Japanese language having a volume of about 20 pages, we need about one week for preparing and filing it with the Korean Industrial Property Office (KIPO). However, urgent cases can also be handled within 2~3 work days without express charge.
 
II. Term for Entering into Korean National Phase of a PCT Application
 
Q: If the term for entering into the Korean National Phase of a PCT based international application has elapsed, what means are available for reviving the application in Korea?
 
A: A Korean National Phase application should be filed within 20 months from the priority date, or if the International Preliminary Examination was requested at international stage within 30 months from the priority date. No means for reviving the application are provided, if the statutory deadline described above has elapsed.
 
III. Prior Art for a Patent Application
 
Q: Does a US patent having a filing date of May 23, 1992 and an issue date of October 10, 1994 constitute prior art against a patent application in Korea based on a PCT application claiming a US priority date of September 12, 1994? If it does, what step can be taken against the latter Korean application?
 
A: The former (the earlier US patent application) does not constitute prior art against the latter, because the priority date (September 12, 1994) of the latter application precedes the publication date (October 10, 1994) of the former application. Thus, no action can be taken against the latter application based on the former application. If it did constitute prior art, it could have been submitted as a reference for examination, or provided a basis for opposition or invalidation action.
 
IV. Proof of Use of a Registered Trademark
 
Q: Is proof of trademark use still required for renewal of a trademark registration in Korea?
 
A: No. Proof of use is no longer required for filing an application for renewal of a trademark registration. However, we recommend our clients to secure evidence of use in order to avoid possible cancellation of the registration for non-use. According to the provision of Korean Trademark Law, Article 73(1)(iii), an interested party may request a trial for cancellation of trademark registration if the mark has not been used for a consecutive period of three years immediately preceding the request for the cancellation trial. Thus, securing evidence of use of the trademark at three year intervals would be highly desirable for maintenance of the trademark rights.
 
V. Protection of Computer Programs
 
Q: What documents are required for registration of a computer program?
 
A: A computer program can be registered within one year of its creation. Required documents for registration are:
  • Program source list (this will be converted to microfiche by our office)
  • Name, address, and nationality of the program author
  • Outline of the program (prescribed form).

The program copyright shall be maintained for fifty years from the year following the year in which the program is published.