– Utility Model Law, as revised and amended several times since November 29, 1982, last amended on February 29, 2016 (effective from March 1, 2017), on March 29, 2016 (effective from June 30, 2016), on March 21, 2017 (effective from September 22, 2017), on January 8, 2019 (effective from July 9, 2019), on April 20, 2021 (effective from October 21, 2021), on August 17, 2021 (effective from November 18, 2021), on October 19, 2021 (effective from April 20, 2022), on June 10, 2022 (effective from June 10, 2022), and on September 14, 2023 (effective from March 15, 2024).

– The same as for “Patents of Invention“.

Most of the provisions for filing applications for utility models are identical to those for “Patents of Inventions“:

Applicant: the same as for “patents”.

Foreigners and nationals not living in the country: the same as for “patents”.

Protection of foreigners: the same as for “patents”.

Naming of inventors: the same as for “patents”.

Assignment: the same as for “patents”.

Priorities: the same as for “patents”.

Notion of device: the creation of a device which relates to the shape or structure of an article or combination of articles.

Registrable device: industrially applicable device which is novel and involves inventive step.

Novelty: the same as for “patents”.

Exception to lack of novelty: the same as for “patents”.

Inventive step: a device lacks inventive step where it could have been very easily made, prior to the filing of the utility model application, by a person having ordinary skill in the art to which the invention pertains.

Not registrable: (1) devices identical with or similar to national flags or medals; (2) devices contrary to public order, good morals or public health. 

English language application: the same as for “patents”.

Amendment of application: the same as for “patents”.

Multiple claim system: multiple claim system allows varying scope definitions so long as application is for one device only.

Territory covered: the whole territory of the Republic of Korea.

Filing requirements: the same as for “patents“.

Description requirement: the same as for “patents”.

Filing without one or more requirements: the same as for “patents”.

Application without claims: the same as for “patents”.

Provisional specification: the same as for "patents".

Provisional publication: for applications filed prior to July 1, 1999, the same as for “patents“; for applications thereafter or where timely request for treatment under the law revised July 1, 1999 is made, no provisional publication made.

Request for examination: the same as for “patents”, except that the applicant is free to defer the filing of a request for examination for a period of three years from the date of the application.

Extent of examination: for an application filed on or after October 1, 2006, the application is examined to ensure that it satisfies all formal and substantive requirements for utility model registration.

Examiner’s rejection: for an application filed on or after October 1, 2006, the same as for “patents”.

Reexamination and appeal against Examiner’s final rejection (or re-rejection): for an application filed on or after October 1, 2006, the same as for “patents”.

Division: the same as for “patents”.

Separation: the same as for "patents".

Conversion: for an application filed on or after October 1, 2006, the same as for “patents”.

Dual application: as of October 1, 2006 the dual application system is abolished for applications which are filed after October 1, 2006.

Ex officio reexamination after a decision for grant: the same as for “patents”.

Ex officio amendment: the same as for “patents”. 

Dispute about ownership: the same as for “patents”.

Time limitation on filing amendments: for an application filed on or after October 1, 2006, the same as for “patents”. For an application filed on or after July 1, 1999 and before October 1, 2006, or where a timely request has been made, amendments may be made (1) at any time before the period prescribed by relevant ordinances has elapsed, but before the transmittal of a certified copy of the decision for grant of application; (2) after the period prescribed by the relevant ordinances from the date of application but before the transmittal of a certified copy of the decision for grant, within the period designated by the Examiner to amend the basic requirements; (3) after grant: (a) within the period designated by the Examiner to reply to an opposition, (b) within the period designated by the Examiner to reply to a ruling to revoke, (c) by way of a Correction Trial (see below: “6. Modification of protection” – Amendment of issued utility model).

Granting: the same as for “patents“.

Registration: a utility model right is obtained only through registration. For applications filed on or after October 1, 2006, the method of registration is the same as for “patents”. For applications filed on or after July 1, 1999 and before October 1, 2006, or where timely request is made for treatment under the new law, the registration fee for at least the first year must be paid at the time of filing the utility model application or request for treatment under the new law.

Beginning of protection: the same as for “patents”.

Duration – extension: for utility model registrations granted on applications filed on or after July 1, 1987 and before September 1, 1990, the longer of fifteen years from the filing date or ten years from the date of publication for opposition (if applicable) or the date of registration, not extendible; for other applications filed before July 1, 1999, fifteen years from the filing date of application, not extendible; for applications filed on or after July 1, 1999, or where timely request is made for treatment under the new law, ten years from the effective filing date of the application, not extendible. For utility models granted on applications filed on or after March 15, 2012 where an application is registered belatedly after the later date of four years from the filing date or three years from the request date for examination, extension of duration for the delay is possible. However, a delay caused by the applicant is excluded from the extension of duration.

Annuities: the same as for “patents”. Grace period: the same as for “patents”.

Marking of registered goods: not compulsory, but desirable.

Text of marking: “Registered Utility Model” with the registration number.

Utility model right: the owner of a utility model is granted the exclusive right to commercially or industrially work the utility model.

Working: working of a utility model is not compulsory, but non-working or insufficient working may lead to grant of a compulsory license (as for patent). “Working” means any commercial or industrial act of manufacturing, using, assigning, leasing, importing or offering for assignment or lease (including displaying for the purpose of assignment or lease) articles embodying the device.

Limits of utility model right: the same as for “patents”.

License required for exploitation: the same as for “patents”.

Right of prior user: the same as for “patents”.

Infringement: unauthorized working of a registered utility model, or unauthorized commercial or industrial acts of manufacturing, assigning, leasing, importing or offering for assignment or lease (including displaying for the purpose of assignment or lease) any article to be used exclusively for the manufacture of an article embodying the device of the utility model, constitutes infringement.

Requirement of technical evaluation and ruling to maintain prior to enforcement action: for utility models registered on applications filed on or after July 1, 1999 and before October 1, 2006, or where timely request for treatment under the prior law is made, registrant cannot enforce the utility model right until technical evaluation of utility model is made by the Intellectual Property Office. Any person may file a request for technical evaluation of a utility model application or registration at any time. During technical evaluation, the utility model application or registration is evaluated to ensure that it satisfies all substantive requirements for utility model registration. Where the utility model is found to satisfy all substantive requirements for utility model registration, a ruling to maintain (non-appealable) is issued. Where the utility model is found not to satisfy all the substantive requirements for utility model registration, a ruling to revoke (which may be appealed) is issued. An owner of a utility model right who proceeds with enforcement of the right prior to receipt of ruling to maintain is liable to indemnify accused infringer for any damage caused if ruling to revoke utility model is eventually made and such ruling to revoke becomes conclusive and final. For applications filed after October 1, 2006, the technical evaluation system is abolished.

Remedies for infringement: the same as for “patents”, except the probative power in a case of denial of presenting the mode of infringing act.

Opposition/Cancellation/Invalidation: the same as for “patents“.

Amendment of issued utility model: the same as for “patents”.

Licenses: the same as for “patents”.

Compulsory licenses: the same as for “patents”.

Expropriation: the same as for “patents”.

Request for cancellation of utility model: the same as for “patents”.

Invalidation: the same as for “patents”. 

Validation of invalidated utility models: the same as for “patents”.

Scope determination: the same as for “patents”.