Filing -> Formality examination-> Substantive examination -> Office Action -> Amendment/Response -> Decision/Refusal
Unlike a patent or utility model application, a request for examination of a design application is not required for the initiation of substantive examination. Design applications are automatically taken up for substantive examination in the order of the filing date thereof. It generally takes about one year or so to complete the substantive examination from the filing date.
When a design applicant receives a notice of decision to grant, he should pay, as a registration fee, the first 3 years' annuities within 3 months from the date of receipt of such notice.
- The applicant may lodge an appeal against the examiner's final rejection within 30 days from the date of
receipt of the notice of final rejection.
- Any party which doubts the validity of a right may request a trial for invalidation of patent.
- Such appeal and trial procedure are conducted in the Industrial Property Tribunal in KIPO. The Industrial
Property Tribunal's decision may be appealed to the Patent Court. An appeal against the Patent Court's
decision may be reviewed by the Supreme Court.
(1) Multiple Application
- Under the NSES, an applicant may file an application for twenty designs or less which fall under single class
in accordance with the Korean Classification of Products for the Registration of Designs.
- However an applicant wishing to make a multiple application should submit a specification of plural designs
containing matters such as serial number of designs, and drawings, names and claims of priority of each
(2) Formality Examination and Registration
Under the NSES, examiners conduct formality check and examination to determine whether the design will disturb the public order or good morals only. The formality check on the design application under the NSES is same as that of under the SES.
- If the examiner founds a flaw in the formality mentioned above, the examiner must issue a notice of
preliminary rejection stating the reason for rejection and give the applicant an opportunity, time limit to submit
a written opinion or amendment within the specified.
- If the examiner finds no flaw in the formality examination, he will render a decision to grant registration without
(3) Publication and Post-grant Opposition
- KIPO publishes a "design registration gazette under the NSES" after the design applicant pay the registration
- Once a design has been published in the Registration Gazette any person may file an opposition against the
registration of the design under the NSES within 3 months from the publication date.
- The ground of opposition are same as that of requirement of registration under the NSES; novelty, creativity,
industrial applicability, and other unregistrable designs.