1. The Claims
The claim or claims, shall be stated clearly and concisely.
The statement of the claims must contain the following.
1) The independent claim or claims
These specify the protection sought among the indispensable
constituent matters of the invention. The number of independent
claims shall be resonable in relation to the nature of the
2) The dependent claim or claims
These limit and embody technically the preceding independent
claim or claims. If necessary, such independent claim or claims
may be further limited and embodied technically by the consequent
dependent claim or claims.
The number of the dependent claims shall be resonable to the
extent necessary to limit and embody technically the independent
claims or other dependent claim or claims.
A dependent claim shall refer to one or more claims which
may be the independent claim to which the dependent claim
pertains or another claim or claims referring to the independent
claim and shall be presented by using the number of the claim
or claims referred thereto.
It is possible for applicants to make amendments at any time
before a notice of allowance or first preliminary rejection
3. PCT Translation
The Korean Patent Act has been amended to unify the limit
nationalization of an international application in Korea to
31 months from the priority date.
4. The priority document for PCT
(1) Any person who has claimed the priority under PCT shall
submit to the Administrator of the Patent administration a
document specifying the date of patent application as recognized
by the government of the state to which the first application
is filed specification of the invention and copies of drawings
within one year and four months(16months) from the date of
the first application which is the basis of such claim
for priority with a certified translation thereof. (Korean
Patent Act 54)
(2) The period as referred to in the paragraph(1) fails to
submit priority documents. Korean Patent Office request the
specification of the invention and copy of drawings to the
International Bureau(WIPO) and publication within 14 days
after receiving a copy of the priority document and the applicant
must be furnishing of a copy of the priority document together
with a certified translation thereof within two months from
the ublication date.
The above of them if the specification of invention and copies
drawings in PCT are same in priority the application shall
specify on the patent application the purpose thereof except
translation into Korean.
5. REQUEST FOR SUBSTANTIAL EXAMINATION
The substantial examination of patent application shall be
carried out upon request for examination to the administrator
of the patent administration with FIVE YEARS(5) from the filling
date thereof(In case of PCT from international filing date).
If a request for examination has not been made within the
time limit the application concerned shall be deemed to be
been with drawn.
If you want to reduce the number of claims to be resonable
level for economy in expenditure, will be voluntarily amendment
by simultaneously with examination requested within five(5)
years from the filing date thereof (PCT case from international
6. The Term of a Patent Right
The term of a patent right commences upon registration of
the patent right ends twenty years after the filing date of
the patent application. Utility model right ends ten years after the filling date of the utility model application