|
1. Documentations
1) Specification (detailed description
of the present invention, claim(s) etc) and Abstract
of the invention 2) Drawings (in
case of machinery or device invention) 3)
Name(s) and Address(es) of an inventor(s) 4)
Name(s) and Address(es) of an applicant(s) 5)
Power of Attorney 6) Priority
document, if priority is claimed.
2. Registration Requirements 1)
Industrial Applicability - There are many interpretations
regarding the industrial applicability but, in general,
it means that the idea of the present invention shall
be embodied to a concrete technological output and utilized
for an industrial purpose. An invention relating to
a method of a medical diagnosis or to a device such
as a typhoon-prevention apparatus, which can be practiced
for a study but cannot be realized, is not considered
as a patentable invention.
2) Novelty - The Patent Act prescribes
the novelty requirements in a negative way by providing
in Article 29 (1) (refer to http://www.kipo.go.kr/ehtml/eInfIndex.html)
that the following inventions are not patentable:
A.
Inventions which were publicly known or worked in Korea
prior to the filing of the patent application therefor;
or B. Inventions which were described in a publication
distributed in or outside of Korea prior to the filing
of the patent application therefor
3) Non-obviousness - A patent may not
be granted to an invention which, prior to the filing
of the patent application therefor, could easily
('extremely easily' in case of a Utility Model Application)
have been made by a person having an ordinary knowledge
in the art where such invention falls by utilizing the
inventions falling within the category of items in the
above Novelty.
4) First-to-File Rule - Double patenting
is not allowed under the Korean Patent Law. If
two or more patent applications are filed for
the same invention, only the first-filed application
will be granted a patent (Article 36 (1) : refer to
http://www.kipo.go.kr/ehtml/eInfIndex.html). The
first-to-file rule also applies to a case where
there is a confliction between patent and utility model
application. If two or more patent or utility
model applications for the same invention are filed
on the same date, only the person agreed upon by all
the applicants may obtain a patent for the invention.
If no consultation is possible or no agreement
is reached, none of the applicants may obtain a patent
for the invention (Article 36 (2): refer to http://www.kipo.go.kr/ehtml/eInfIndex.html).
5) Public Order and Customs - An invention
shall not violate public order and customs. Even
if an invention satisfies all of the above stated
requirements, if it breaks the public order, customs
and public sanitation, the invention cannot be
patented.
|