Formal documents
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Formal documents

Conventional Application:
Name(s) and address(s) of applicant (s) and inventor(s)
Specification including the title of the invention, description, claim(s) and drawings (if any)
Power of Attorney - Certified copy of priority documents (if any)
A Copy of Deposit of Microorganism (if any)
Electronic file of sequence lists (if any)

National phase entry of PCT application:
Copy of PCT application
Power of Attorney
Amendments made under PCT Act. 19 (if any)
Amendments made under PCT Act. 34 together with a copy of Form PCT/IPEA/409 (if any)
Document attesting to deposit of microorganism
Electronic file of sequence lists (if any)

Due dates

Power of Attorney must be submitted when filing an application or within one month from the issue date of the notice to amend application

Use of General Power of Attorney form

The use of the General Power of Attorney is possible. In fact, General Power of Attorney is recommended because it can be used in future cases for the same applicant, thus saving time and expenses of the client. A General Power of Attorney form can cover applications for patents, utility models, trademarks and designs and subsequent proceedings. However, filing oppositions and procedures in inter partes trial cases requires a separate Power of Attorney.
Priority documents
For conventional application

A certified copy of priority document(s) and a Korean translation(s) thereof must be filed within sixteen (16) months from the earliest priority date.
For PCT application

The priority document(s) must be filed within two (2) months from the date of notification of the arrival of that the priority document(s) at the Korean Industrial Property Office (KIPO) from the WIPO. The priority document is obtained from the WIPO and thus the applicant is not requested to provide the priority document.

Notes on claim drafting
Multiple dependent claims that depend on to other multiple dependent claims: A dependent claim dependent upon two or more dependent claims which are dependent upon two or more claims is not allowed.
Omnibus claim is not allowed.
A claim claiming the use of an invention is not allowed.
A dependent claim dependent upon two or more independent claims is allowed as of 1 July 1999.

Amendment of pending applications
Periods in which amendments are possible
within one year and three months from the filing date of an application or from the priority date
when filing a request for examination
when replying to an Office Action
In case of PCT application

Amendment made during the international phase according to Articles 19 and 34 must be submitted with the original PCT application with Korean translation(s) thereof when entering the national stage; and for other voluntary amendments not made during the international phase can only be made at the time of filing a request for examination.
Contents restriction
The amendment must be made within the scope of the description of the original application.
New matter may not be added.

Divisional application
An application may be divided into two or more applications when a notice of preliminary rejection is issued from the KIPO for lack of unity of invention, or when the applicant wishes to voluntarily divide the application while the application is pending.
Time limit for divisional application
within one year and three months from the date of filing
when filing a request for examination by the applicant
within three months from the date of notification that examination has been requested by a third party
within the period for submitting a reply to a notice of preliminary rejection by the Examiner
within thirty (30) days from the date of filing a request for trial against ruling of refusal
within a predetermined period for submitting an argument during reexamination prior to a trial procedure
Request for examination for a divisional application
A request for examination must be filed within five (5) years from the filing date of the original application. However, even after the five-year term has passed, a request for examination may be filed within thirty (30) days from the date of filing a divisional application.

Conversion of application
For patent applications filed prior to 1 July 1999, a patent application can be converted into a utility model application. In this case, the subject matter of the converted utility model application must be within the scope of the original patent application.
The conversion of a patent application into a utility model application can be made before transmittal of a certified copy of the ruling of grant of a patent. If thirty (30) days or the extended deadline, if an extension has been granted, has passed from the date of receipt of the first notice of preliminary rejection with respect to a patent application, conversion of an application is not possible.
A request for examination of the converted utility model application must be filed within five (5) years from the filing date of the original patent application. However, even after the five-year term has passed, the request for examination may be filed within thirty (30) days from the date of filing a converted utility model application.

Dual application
For an application filed on or after 1 July 1999, the applicant for a patent may also file a utility model application within the scope of the claims originally attached to the patent application.
The utility model application must be filed prior to the transmittal of a certified copy of the ruling of grant of a patent. If thirty (30) days or the extended deadline, if an extension has been granted, has passed from the date of receipt of the first notice of preliminary rejection with respect to the patent application, filing a dual application is not possible.


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