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Newsletter/July 25, 1999 No. 54

KIPO's Introduction of a Pre-registration System for Utility Models Beginning July 1st, 1999

KIPO made sweeping changes regarding the utility model system to introduce a pre-registration system and enforce the system July 1st, 1999.
According to the new pre-registration system, a utility model application will be swiftly registered only after an examination for elementary requisites is made.
This is different from the previous pre-examination and post-registration system.
Under the old system, it took about two to three years to obtain utility model rights.
Under the new system, it will be possible to register the establishment of a utility model within about three months from the application date.
Consequently, it is expected that the institutionalization of this new technique will be a success do to the quickened acceptance of the utility model rights.
However, the utility model can be granted without a substantial examination according to the new system, so it should be noted that unreliable rights may occur.
Aware of this problem, KIPO has introduced a new technology evaluation system.
According to the technology evaluation system, if a person possessing the utility model right hopes to exercise his/her rights, he/she should request the technology evaluation from KIPO beforehand, and obtain the decision for maintenance of registration.
However, registration of the establishment of a utility model right can now be made only through a simple examination for form and a elementary requisite examination after filing the utility model application, lessening the opportunities to amend inadequate parts of the specifications.
Accordingly, it is desirable to receive the aid of specialists at this stage to draw up a new application and to search the prior art before an application is made.
It is possible to submit a request for technology evaluation at all times and the evaluation for technology can be carried out promptly upon requesting a technology evaluation.
If necessary, a Double Patenting of a utility model and a patent is acceptable, but as soon as the patent filed with the utility model is granted registration, the registered utility model can be withdrawn.

New Technology Request Fees were established

In accordance with the new utility model pre-registration system that will take effect July 1, 1999, KIPO established new fees for technology evaluation requests and applications for preferential examinations, and revised the fees for international searches.
According to the utility model pre-registration system, the double patenting of a patent and an utility model became acceptable, the fees for technology evaluation requests were set up.
In addition, new fees for the patent application, the utility model registration application filed before July 1st, 1999, the design registration application, and the application for the preferential examinations were established.
For the applicants convenience, the 1st annual fee is to be paid when the application is filed and the 2nd and 3rd annual fees are to be paid in a lump sum within one year from the original registration date.
KIPO is entitled to serve as an international search authority and an international preliminary examining authority under the Patent Co-operation Treaty.
KIPO further has authority to decide the fees for international searches and preliminary examinations.

Deposits of Fertilized Eggs in Korea To Be Accepted From the End of July

In Korea, it will be possible to deposit animal's fertilized egg in gene bank of the Life Science Research Institu
 
 
 
 
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