I. Preparation for filing a Patent Application

II. Prosecution of the Patent Application

A. Request for Examination
B. Laying-open of Applications
C. Preferential Examination
D. Amendments
E. Preliminary Rejection Notice
F. Decision for the Patent Grant
G. Options after Receiving Final Rejection
H. Registration Publication and Opposition

I. Types of Trials in Intellectual Tribunal of Korean Industrial Proprty Office

1. Trial for confirmation of the scope of a patent right

This trial can be initiated only by an interested party. In case of infringement by a third party, a controversy arises as to whether there actually exists an infringement or not. In such case, a patentee or an interested party can demand a Trial for Confirmation of the Scope of a Patent Right with the KIPO in order to receive a judgment officially determining whether or not the subject patent right may cover technically the article manufactured, sold and/or used by an infringer.

2. Trial for invalidation of a patent right

If a patent falls into one of the following particulars, the patent can be invalidated by a Trial:

a) In case that a patent has been granted to a person who has no right to own and enjoy the patent right.

b) In case that a patent has been granted for an invention that is not a new industrial one.

c) In case that a patent has been granted for an invention known and used publicly prior to the filing of the patent application.

e) In case that a patent has been granted for an invention published on the publication circulated in Korea or in a foreign country prior to the filing of the patent application.

f) In case that a patent has been granted for an invention which was filed later than another prior application covering the same invention.

g) In case that a patent has been granted for an invention which can not be carried in business.

The Trial for invalidation of Patent must be demanded by an interested party only or a KIPO Examiner in charge. If a patent is invalidated by a judgment, it is recognized that the patent right did not exist from the beginning.

3. Trial for correction

After the grant of a patent, if the patentee finds one of the following items, it is possible to make an amendment to the patent through a Trial for Correction:

a) To narrow the scope of the claims,

b) To correct the clerical errors, or

c) To clarify the ambiguous description.

However, it is impossible to broaden the scope of the claims and the amendment must be one which would be acceptable at the time when the patent was granted.

4. Trial for invalidation of correction

If Correction has been made beyond the scope the above trail for correction, an interested party or an Examiner can initiate a trial for the invalidation of correction.

5. Trial for granting a non-exclusive license

If a patentee, or exclusive or nonexclusive licensee, desires to obtain permission to exercise the patent right provided that where the working of a patented invention would infringe another person's patented invention, registered utility model or registered design under an application filed prior to the filing date of the patent application concerned, or where a patent right conflicts with another person's design right under an application for registration for a design right filed prior to the filing date of the patent application concerned, the patentee, exclusive licensee or nonexclusive licensee shall not work the patented invention commercially or industrially without obtaining a license from the owner of the earlier patent, utility model right, or design right, and if the other party concerned refuses it without justifiable reasons or it is not possible to obtain it, the said patentee or exclusive or nonexclusive licensee may demand a trial for granting a nonexclusive license having the scope necessary to work the patented invention.

6. Trial against Examiner's Final Rejection Decision

Any person who objects to an examiner's decision of final rejection or a trial decision of rejection can appeal to the Intelletual Tribunal within 30 days from the date of transmittal of the certified copy of the decision.

7. Trial against Examiner's Decision of Amendment Dismissal

In a case where the applicant has received a decision of amendment dismissal to decline amendments on the grounds of changing the subject matter thereof and is dissatisfied with such decision, the applicant may file a demand for trial against the decision of amendment dismissal within 30 days from the transmittal of the certified copy of the decision of amendment dismissal.

J. Re-examination before Trial
K. Appeal to the Patent Court
L. Duration
M. Registration
N. Appointment of Patent Administrator
O. Documents for transfer of ownership of patent application (or patent)
P. License grant