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I. Preparation for filing a Patent Application  |
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A. Specification, claims and
drawings (if necessary) |
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B. Information Sheet
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C. A certified copy of the priority
document and translation |
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D. A Power of
Attorney |
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II. Prosecution of the Patent Application  |
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A. Request for
Examination |
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1. General Aspects
2. The Order of Examination
3.
Amendments to be filed with the Request for Examination |
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B. Laying-open of
Applications |
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C. Preferential Examination
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D. Amendments |
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1. General Aspects |
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2. Possible Periods for Amendments |
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a) Voluntary Amendments
b) With the Request for
Examination
c) In Response to Official Actions
d) In Response to
Oppositions
e) In Response to Final Rejection |
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3. Extent of Amendments |
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E. Preliminary Rejection Notice
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1. Types of Rejection Reasons |
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a) Industrial Applicability
b) Lack of Novelty
c)
Inventive Step or Non-Obviousness
d) Insufficient Disclosure
e) Lack of
Unity of Invention
f) The Use of Improper and Inconsistent Terminologies
g) Lack of Reference Numerals in the Claims |
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2. Interpretation of Rejection Reasons |
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a) Lacking Novelty or Obviousness
b) Insufficient
Disclosure or Formal Defects
c) Rejection of only Some of the Claims
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3. Response to be Filed |
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a) Argument |
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i) Analysis of the Examiner's Reasons for Rejection
ii) Comparison of Claims with Citations
iii) Assertion of Unexpected
effects |
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b) Amendments |
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i) Reducing the Scope of Claims
ii) Modifying or
Deleting Claims
iii) Explaining the differences over the Prior Art
iv)
New Matter |
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F. Decision for the Patent
Grant |
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G. Options after Receiving Final
Rejection |
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H. Registration Publication and
Opposition |
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I. Types of Trials in Intellectual
Tribunal of Korean Industrial Property Office |
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1. Trial to confirm the Scope of a Patent Right
2.
Trial for Invalidation of a Patent Right
3. Trial for Correction
4. Trial
for Invalidation of Correction
5. Trial for Granting Non-exclusive License
6. Trial against Examiner's Final Rejection Decision
7. Trial against
Examiner's Decision of Amendment Dismissal |
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J. Re-examination before Trial
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K. Appeal to the Patent Court
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L. Duration |
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M. Registration |
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N. Appointment of Patent
Administrator |
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O. Documents for Transfer of
Ownership of Patent Application (or Patent) |
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P. License Grant |
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III. Difference between Patent and Utility Model
Application |
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A. The term of duration
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B. Subject Matter |
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C. Number of Independent
claims |
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D. Inventive step and Novelty
requirements |
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E. No Substantial
Examination |
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IV. Patent Infringement |
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A. General Aspect |
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B. Procedure |
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1. Investigation
2. Issuance of Warning Letters
3.
Prevention of Infringement |
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a) Preliminary Injunction
b) Permanent
Injunction |
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4. Criminal complaint for violation of KPA |
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5. Seizure of Infringing Products |
