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Preparation for filing a Patent Application
Formal documents submitted with KIPO at the time of filing an application
In case of a conventional application
i. An application stating the name and address of the inventor and the applicant (including the name of a representative, if the applicant is a juridical person), the title of the invention, and priority data (if the right of priority is claimed);
ii. A specification setting forth the following matters: the title of the invention; a brief description of drawings (if any); a detailed description of the invention; and claim(s);
iii. Drawing(s) (if any);
iv. An abstract;
v. Priority document which is a certified copy of the priority application together with its Korean translation (if the right of priority is claimed); and
vi. Power of attorney (if necessary)
In case of a PCT application
i. An application stating the name and address of the inventor and the applicant (including the name of a representative, if the applicant is a juridical person), the title of the invention, and priority data (if the right of priority is claimed)
ii. Korean translation of the description, claims, text matter of drawings and abstract of the PCT application as filed;
iii. Drawing(s) (if they contain translated text matter); and
iv. Power of attorney (if necessary)
Documents required (to be provided to us) for filing an application
In case of a conventional application
A note stating the name(s) and address(es) of the inventor(s) and the applicant(s) (including the name of a representative, if the applicant is a juridical person);
A specification with at least one claim, an abstract, and if any, drawing(s);
Power(s) of Attorney (simply signed); and
Priority document(s) which is a certified copy of the priority application (if the right of priority is claimed).
In case of a PCT application
A copy of a PCT publication;
Power(s) of Attorney (simply signed);
Amendments made under PCT I (if any); and
Amendments made under PCT II together with a copy of a PCT/IPEA/409 form (if any)
The due dates
The due date for filing an application
In case of a conventional application claiming the right of priority Within 1 year from the filing date of the initial application or priority date
In case of a PCT application Within 30 months from the priority date
In the event that the following documents are not filed with the filing of the application
Power(s) of Attorney They must be submitted within 1 month after the notification date of order for amendment of procedure
General Power of Attorney The recordation of a General Power of Attorney is available. As a reminder, the current local practice requires the applicant of Patent, Utility model, Design and Trade mark to submit an individual Power of attorney when filing an application or recording the name/address change or recording the assignment of patent, utility model, design, and trade mark. However, with the recordation of a General Power of Attorney with KIPO, the applicant is expected to save time and expenses which were consumed by paperwork related to the execution of individual Power of attorney previously. Furthermore, its scope is limited only to the application/registration procedures of patent, utility model, design and trade mark, while excluding oppositions, after-grant trials and court trials.
Priority document(s)
i. In case of a conventional application claiming priority The priority document(s) must be submitted with its Korean translation within 16 months of the filing date of the earliest priority date.
ii. In case of a PCT application There is NO need to provide us with the priority document(s) since the priority document(s) which are forwarded from the International Bureau of WIPO to the KIPO can be obtained from the KIPO and submitted with their Korean translation(s) within approximately 2 months after the filing date of the application.
Documents required (to be provided to us) for recording a change of the name(s) and/or the address(es) of the applicant(s) and/or the inventor(s) at the time of filing an application
A notarized Individual/Corporation Nationality Certificate which specifies both the name(s) and the address(es) of the applicant(s) and/or the inventor(s);
A copy of a PCT/IB/306 form (if the change recorded in the international phase of the PCT application was not reflected onto the PCT Publication); or
None (if the change was recorded in the international phase of the PCT application and reflected onto the PCT Publication)
An assignment from the inventor to the applicant is NOT required for filing an application
 
 
Requisites for patentability
Statutory meaning of invention
Korean Patent Act prescribes that "invention" means the highly advanced creation of technical ideas utilizing rules of nature.
Category of invention
Korean Patent Act classifies invention to several categories as follows:
Invention of a product
Invention of a process
Invention of a process for manufacturing a product
Industrial applicability
A claimed invention should have industrial applicability, i.e., utility. The following inventions are regarded as industrially inapplicable.
Inventions comprising the human body as vital point such as a method of medical treatment or medical diagnosis;
Inventions which cannot be practically reproduced by a person skilled in the art.
Documents required (to be provided to us) for recording a change of the name(s) and/or the address(es) of the applicant(s) and/or the inventor(s) at the time of filing an application
A computer-related invention having industrial applicability is patentable as product or process invention. Therefore, Data Structures or Computer Programs that are claimed as encoded in computer readable media could be patentable. However, non-descriptive material such as music, literature, art, photographs and mere arrangements or compilations of facts or data are unpatentable no matter if they are encoded in the computer readable media.
 
Novelty
An invention falling under any of the following is deemed to have lost novelty:
An invention which was publicly known or worked in the Republic of Korea prior to the filing of the patent application;
An invention described in a publication distributed in the Republic of Korea or in a foreign country or rendered in public use through the telecommunication lines prescribed by Presidential
Decree prior to the filing of the patent application.
Inventive step
A patent cannot be granted for an invention where the invention could easily have been made prior to the filing of the patent application by a person having ordinary skill in the art to which the invention pertains, on the basis of an invention referred to in each subparagraph of the above paragraph 5) or a combined invention thereof.
First-to-file rule
Where 2 or more applications relating to the same invention are filed on different dates, only the applicant of the application having an earlier filing date may obtain a patent for the invention.
Unpatentable invention
An invention liable to contravene public order or customs, or to injure public health is not patentable.
Unity of invention
A patent application should relate to one invention only. However, a group of inventions so linked as to form a single general inventive concept may be the subject of one patent application.
Description requirements for claims
Descriptive format as to a use invention for a medicament A use invention of a single compound for a medicament should be claimed in a (pharmaceutical) composition or formulation claim format, and a (pharmaceutical) composition or formulation claim must include the pharmaceutical effect thereof.
Multiple dependent claim A dependent claim referring back to 2 or more claims (i.e., a multiple dependent claim) should not refer to any other multiple dependent claims.
Omnibus claim An omnibus claim which refers to the invention as described and illustrated in the specification and/or drawing(s) is not generally acceptable.
Plant and animal inventions
Plant invention
Any person who invents a new and distinct variety of plant which reproduces itself asexually can obtain a patent therefor. In this case, the general requisites for patentability must also be satisfied. However, sexually reproducible plant varieties are protectable under the Seed Industry Law.
Animal invention
Animals, other than humans, can be patented if they satisfy specific examination standards in addition to satisfying the general standard of patentability. Specifically, the animal invention must meet requirements of reproducibility, distinctive features, and industrial applicability. In order to support the reproducibility of the invention, cells capable of producing the animal, such as an embryo, must be deposited with an international deposit organization under the Budapest Treaty or a deposit organization designated by the Commissioner of KIPO, prior to the filing of the patent application.
Inventions related to microorganisms
Deposit of microorganism
A person who desires to file a patent application for an invention related to a microorganism must deposit the microorganism with a deposit organization designated by the Commissioner of KIPO, or an organization which acquired the status of an international deposit organization under Article 7 of the Budapest Treaty relating to International Approval of Microorganism Deposition for Patent Procedure, and annex the attesting document (e.g., copy of BP4 form) to the patent application. However, if the microorganism can be obtained easily by any person having ordinary skill in the art to which the invention pertains, it may be unnecessary to deposit it.
Description requirements for specification
A person who desires to apply for a patent for an invention relating to a microorganism must specify the name of the depository, the deposit number and the deposit date in the specification, if the microorganism was deposited as prescribed in the body of the above subparagraph a). However, if the microorganism is not deposited pursuant to the proviso of the above subparagraph a), the way of procuring it should be shown in the specification
 
 
Laying open of Publication for Public Inspection
Applications that have not yet been published will be automatically laid-open in the official gazette called "Patent Laid-open Gazette" after 18 months from the filing date in the Republic of Korea or, if the right of priority is claimed from an earlier foreign filing, from the priority date.
The laid-open publication may be made, upon the request of the applicant, prior to the eighteen month period. This will provide an earlier protection to a patent application which is being infringed.
Once a patent application has been laid-open, any documents relating to the application are made available for public inspection. Furthermore, any person may submit to the Commissioner of KIPO information relevant to the patentability of the invention concerned together with any supporting evidence.
The Patent Act offers a special legal effect upon a laid-open patent application: under Article 65(1), if the applicant sends a warning letter to an alleged infringer after his application has been laid-open, any subsequent computation of a reasonable amount of compensation will be reckoned from the date when the infringer receives the warning letter. The compensation, however, can be collected only upon the publication (for opposition after the substantive examination) of the patent application,
 
 
Examination
Principle of examination
Formal and substantive examinations are given to all patent applications before the grant of the patent.
Regarding the Examiner's final rejection, an applicant may demand a Trial against the Final Rejection at the Industrial Property Tribunal ("IPT") of KIPO within 30 days from the date of receipt of a certified copy thereof.
Request for examination
A patent application will be taken up for examination only if a request for examination is made either by the applicant or by any interested party within 5 years from the filing date of the application. If no request for examination is made within this five-year period, the patent application is deemed to have been withdrawn. Once a request for examination has been duly filed, it cannot be withdrawn. A patent application is taken up for examination in the order of filing the request for examination thereof.
Office action and Final rejection
If the examiner finds a ground for rejection of a patent application, a notice of preliminary rejection will be issued; and the applicant will be given an opportunity to submit a response to the preliminary rejection within a time limit designated by the examiner. Such time limit is extendable upon the request for an extension by the applicant.
In responding to the preliminary rejection, the applicant may file an argument with or without an amendment to the specification and/or claims. If the examiner determines that the argument is without merit and the ground for rejection has not been overcome, he will issue a notice of final rejection of the patent application.
Amendment of application
Voluntarily, prior to the transmittal of a certified copy of the decision to grant a patent by the examiners (before receiving the notification of the first Office Action, where the patent application has reasons for rejection)
Scope of the Amendment Allowed An amendment only within the scope of the originally filed specification, claims and/or drawing(s) will be allowed. Addition of new matter is prohibited. The violation of this shall be the reasons for issuing Office Action. Furthermore, the amendment to the claims filed in response to a Final Office Action shall be restricted only to narrow claims (including the deletion of the claims), to correct clerical errors, and to clarify ambiguous descriptions.
 
Publication for registration
Where an examiner finds no reason for rejecting a patent application, the registration fee is paid and there is no dual utility model right registered, the patent right is to be registered for its establishment and published for registration.
 
 
Expedited Examination
According to Article 61 of the Patent Act, the Commissioner of KIPO may have a particular category of patent application examined ahead of other patent applications. KIPO's Regulation Concerning the Procedure for Handling Requests for Expedited Examination provides that applications eligible for such expedited examination are limited to the following categories:
in case it is considered that an invention has been commercially worked by a person who is not the applicant, after his application has been laid-open; and
in case an application has been laid-open and
i. it relates to goods for defense industry and processes for the preparation thereof, as defined in the Special Measures Act Relating to Defense Industry.
ii. it relates to facilities for the prevention of environmental pollution or a process thereof
iii. it is directly involved in the promotion of export as evidenced by export records, a letter of credit and a request from the buyer of exported goods to show a patent right therefor, or
iv. it is made by an employee of the central government, a local government, or a research institute sponsored by central or local government.
A person who desires an expedited examination of his application must submit a written request together with a statement explaining the necessity thereof in detail and any evidence supporting the statement.
 
 
Division of application
An applicant who has filed a patent application comprising 2 or more inventions may divide the application into 2 or more applications within the time period or time limit allowed for amendment of the above paragraph 6) a).
A divisional application may be made within the scope of specification, claims or drawing(s) of the original application.
Where such division is carried out, the divisional application shall be deemed to have been filed on the date of filing of the original application.
The applicant of the divisional application may take advantage of the right of priority of the original application by submitting the priority document with the Korean translations thereof within 3 months after filing the divisional application.
 
 
Dual Application
For an application filed on or after July 1, 1999, an applicant for a patent may file a utility model application ("dual application") within the scope of only the claims originally attached to the patent application before the transmittal of a certified copy of the ruling of granting a patent; however this provision shall not apply more than 30 days after the first transmittal of the examiner's ruling of rejection.
Since a utility model should be directed to the shape or structure of articles or a combination of articles, a dual utility model application cannot be filed for a patent application relating to an invention of a process or chemicals.
Where such dual utility model application is filed, the dual utility model application shall be deemed to have been filed on the date of filing of the patent application.
The applicant of the dual utility model application may take advantage of the right of priority of the patent application by submitting the priority document with the Korean translations thereof within 3 months after filing the dual utility model application.
However, where such dual utility model application is found after registration of the utility model to have added new matter to the specification, claims or drawing(s), the dual utility model application shall be deemed to have been filed at the time of filing of the dual utility model application.
Where both the patent application and the dual utility model application are granted, the applicant must choose only one to be registered and abandon the other.
 
 
Post-grant Opposition
In order to ensure the prompt granting of a right, the Pre-grant Opposition System was abolished and the Post-grant Opposition System has been implemented since July 1, 1997. Where the examiners find no grounds for refusal of a patent application, KIPO publishes the patent registration after the patent applicant pays the registration fee. Once a patent has been published in the Patent Registration Gazette, any person may file an opposition against the registration of the patent within 3 months from the publication date.
 
 
Request for correction
Within the time limit for submitting the written reply of the above subparagraph d), the patentee may file a request for correction to the specification, claims and/or drawing(s) of the patented invention to the extent of reducing the scope of the claims, correcting clerical errors, or clarifying ambiguous descriptions
 
 
Registration
When a patent applicant receives a notice of decision to grant a patent he should pay, as a registration fee, the first 3 years' annuities within 3 months from the date of receipt of such notice.
In case he fails to pay the registration fee within the three-month period the registration can still be made by paying twice the usual fee within 6 months after the expiration of the three-month period. Therefore, if the registration fee is not paid within 9 months from the date of receipt of a notice of decision to grant a patent, the patent application will be deemed to have been abandoned.
 
 
Patent Right
Generation of patent right A patent right comes into force upon registration.
Term of patent right
For patent applications filed prior to July 1996, the term of a patent right is 15 years from the date of publication, if published, or if not published, from the date of registration of the establishment of the patent right. However, if such term is shorter than 20 years from the filing date of the application (or the international filing date for a PCT case), the term will be extended to 20 years from the filing date.
For patent applications filed on or after July 1, 1996, the term thereof will commence on the date of registration and expire 20 years from the filing date of the patent application.
License right A patentee may grant to others an exclusive license or one or more non-exclusive licenses on his patent right.
Working of the patented invention and arbitration decision on grant of non-exclusive license
The working of the patented invention means any of the following acts:
i. In the case of an invention of a product, acts of manufacturing, using, assigning, leasing, importing the product, or offering for assignment or lease of the product (including a display for the purpose of assignment or lease);
ii. In the case of an invention of a process, act of using the process;
iii. In the case of an invention of a process for manufacturing a product, act of using, assigning, leasing, importing the product manufactured by the process, or offering for assignment or lease of said product (including a display for the purpose of assignment or lease), in addition to the acts of using the process;
Arbitration decision on grant of non-exclusive license Where a patented invention falls under any of the following subparagraphs, a person who intends to work the patented invention may request the Commissioner of KIPO to make an arbitration decision on grant of non-exclusive license; however a request for arbitration decision under the following subparagraphs i) and ii) may only be made if no consultation is possible with the patentee or exclusive licensee or no agreement is reached at the consultation:
i. Where the patented invention has not been worked in Korea consecutively for 3 or more years without any natural disaster, force majeure or any justifiable reasons as prescribed by the Presidential Decree;
ii. Where the patented invention has not been worked on a considerable commercial scale or has not satisfied the domestic demand to an adequate degree and conditions in Korea for 3 or more years consecutively without any justifiable reasons;
iii. Where the non-profit working of the patented invention is indispensable for the public interest; and iv. Where it is required to work the patented invention in order to correct the unfair trade practices judged by judicial proceedings or administrative proceedings.
Extension of term of patent right Patent terms of the inventions concerned with agrochemicals or agrochemical raw materials which are subject to registration under Article 8 (1) and 9 (1) of the Agrochemical Management Act and pharmaceuticals which should receive the license of the product under Article 26 (1) of the Pharmaceutical Affairs Act can be extended more than up to 5 years within the time period during which the related patent inventions could not actually be worked.
Application for registration of extension of term of the patent right
The extension of the patent term is applied to the patents relating to medical products per se and agrochemical products per se, processes for preparing both of the above 2 kinds of products, use of both of them and compositions containing each of them.
The following documents must be annexed to the application for registration of extension of patent right:
i. Grounds for extension and materials attesting such grounds;
ii. Power of Attorney;
iii. Identification of the patent and the claims of the patent;
iv. The period of extension applied for.
The application for extension of the patent term should be filed by the patentee within 3 months from the date on which the registration or the license was obtained by the patentee or exclusive/non-exclusive licensee on the patent. However, the applications should be filed before 6 months of the expiry date of the patent right.
Effects and extent of protection of patent right A patentee has an exclusive right to work the patented invention commercially and industrially. The extent of protection conferred by a patent registration is determined by the scope of the claims.
 
 
Registration
When a patent applicant receives a notice of decision to grant a patent he should pay, as a registration fee, the first 3 years' annuities within 3 months from the date of receipt of such notice.
In case he fails to pay the registration fee within the three-month period the registration can still be made by paying twice the usual fee within 6 months after the expiration of the three-month period. Therefore, if the registration fee is not paid within 9 months from the date of receipt of a notice of decision to grant a patent, the patent application will be deemed to have been abandoned.
 
 
Protection of Patentee and Litigation
Acts deemed to be infringement
The working of a patented invention by an unauthorized person is deemed to be infringement.
Procedures for enforcement of patent rights
In Korea, the intellectual property disputes are handled by KIPO and the courts. Among them, patent infringement cases are generally filed at a district civil court or a district prosecutor's office, and concluded in a high court and the Supreme Court as long as the defeated party appeals the original decision. In order to enforce a patent right, the following legal or extra judicial procedures are possible:
Civil action - Compensation for damages If a party willfully or negligently infringes a patent or an exclusive license, the patentee or the exclusive licensee may claim compensation against the party within 10 years from the time when the infringement is committed. However, if the patentee or the exclusive licensee recognized the damages and the infringer, the compensation should be claimed within 3 years from the date of patent registration. In view of the difficulty of proving the damages caused by the infringement with specificity under the Korean legal practice which has no kind of discovery system such as the U.S., the amount of profit earned by the infringer shall be presumed to be the damages sustained by the patentee or exclusive licensee, and as a minimum the amount payable as a royalty for working the patented invention may be claimed as such (Article 128 of the Korean Patent Act). Further, in case of the willful infringement the law does not recognize treble damages as in the U.S.
Civil action - Injunction against infringement In connection with this, the Korean Patent Act prescribes that a patentee or exclusive licensee is entitled to the termination of infringing activities and can also take some preventive measures. Subsequent to this, they may demand that the articles constituting the infringement (including articles produced by the infringement when the involved invention relates to process for manufacturing articles) be destroyed, that facilities served for the same purpose be removed, or that measures for preventing infringement be taken.
Criminal Accusation;
Filing a conciliation at the Conciliation Committee for Industrial Property Rights under KIPO;
Filing a conciliation at the Conciliation Committee for civil affairs under a court; and
Reporting unfair importation/exportation if the article infringing the patent right is imported or exported, in which case a corrective measure, imposition of a surcharge, prohibition of trade for less than 1 year, etc., may be taken
 
 
Trials
Invalidation Trial of Patent (Patent Law Article 133)
Due to a mistake of an examiner or appeal examiners, some patents which should not have been granted may exist. In such cases, an interested party or an examiner may demand a trial to invalidate the patent, and for a patent containing two or more claims a demand for an invalidation trial may be made for each claim.
The reasons for invalidation of the patent are generally the same as reasons for the rejection of a patent application.
A trial for invalidation of a patent may be demanded even after the expiration of the patent right. Where a trial decision invalidating a patent has become final and conclusive, the patent right shall be deemed never to have existed; however, where a patent is invalidated by any reason that has arisen after the grant of a patent, the patent right is deemed not to have existed from the time when such reason originated.
Necessary documents for lodging invalidation trial:
i. Power of Attorney;
ii. Documentary evidence proving an interested party (e.g., warning notice, etc.); and
iii. Evidence of invalidation
Trial for Correction (Patent Law Article 136)
After a patent is registered, if any opposition to the grant of patent is not pending, a patentee may lodge a trial for correction of the specification, claims and/or drawing(s) of a patented invention only to:
i. narrow claims;
ii. correct clerical errors; or
iii. clarify ambiguous descriptions.
In the case of correcting the specification, claims and/or drawing(s) under the above paragraph a), the claim(s) shall be neither extended nor modified substantially.
In the cases under the above subparagraph a) i), the matters which are described in the claims after correction shall be regarded as having been patentable at the time of filing the patent application.
A trial for correction under the above paragraph a) may be requested even after the patent right has been extinguished, except in cases where the patent has been finally cancelled by the decision of cancellation, or finally invalidated by the decision of invalidation.
A patentee shall not demand a trial for correction under the above paragraph a) without the consent of an exclusive licensee or pledgee, or a non-exclusive licensee.
Necessary documents for lodging a trial for correction:
i. Power of Attorney;
ii. Corrected specification, claims and/or drawing(s).
When a trial for correction is demanded, the corrected specification, claims and/or drawings shall be attached to the written demand for trial.
During the procedure of an invalidation trial, a patentee shall request the correction of patent, and the separate trial for correction will not be allowed.
Trial to Confirm the Scope of a Patent Right(Patent Law Article 135)
A patentee or an interested person may demand a trial to confirm the scope of a patent right. When a trial is demanded to confirm the scope of a patent right, the confirmation shall apply to each claim if the patent contains two or more claims.
Documents required for lodging a trial to confirm the scope of patent right:
i. Power of Attorney;
ii. Specification, claims and/or drawing(s) disclosing the relevant invention.
The specification, claims and/or drawing(s) which disclose the relevant invention should be attached to the written demand.
Trial Against Ruling of Refusal or Revocation£¨Patent Law Article 132ter£©
When a person has received an examiner's decision of rejection or revocation, that person may demand an appeal within 30 days from the date of receipt of the certified copy of the examiner's decision. A provision for exception is established in cases where a person resides in an area that is remote or difficult to access. The President of the Industrial Property Tribunal may extend the time limit to 2 months for the benefit of a person in this situation.
Trial Against Decision to Reject Amendment(Patent Law Article 132quater)
When a person receives a decision of rejection on the basis of his amendments, he may demand an appeal within 30 days from the date of receipt of the certified copy of the decision.
The 2001 Revised Patent Law abolished the system for requesting a trial against a decision to reject amendment (2001, 7. 1).
The Revised Patent Law does not provide a way for applicants to demur to a decision to decline amendment, instead it offers a new provision of "Appeal against Examiner's Decision of Refusal" (Revised Patent Law Article 51, Clause 13).
 
 
License Agreement
Exclusive license
An exclusive license cannot come into effect unless it is registered on the patent register of KIPO.
The exclusive licensee can exclusively work the patented invention within the scope of the license agreement.
The patentee is not able to work his patented invention without the consent of the exclusive licensee.
The exclusive licensee is able to take any action against infringement of the patent right without the consent of the patentee.
The exclusive licensee can establish a pledge or grant non-exclusive licenses within the exclusive license only with the consent of the patentee.
The exclusive licensee is not able to assign his right to exclusively work the patented invention to a third party without the consent of the patentee.
Non-exclusive license
A non-exclusive license comes into effect when the license agreement is concluded by both parties, irrespective of its recordation on the patent register of KIPO. However, without recordation, the non-exclusive license cannot be enforced against any third party.
The non-exclusive licensee has only the right to work the patented invention within the scope of the license agreement or the extent prescribed in the Korean Patent Act.
The non-exclusive licensee cannot assign his non-exclusive license to a third party or cannot establish a pledge on the non-exclusive license without the consent of the patentee, or the patentee and the exclusive licensee in case of a non-exclusive license on an exclusive license.
Necessary documents for recordation of a patent license:
Exclusive License/Non-exclusive License Agreement;
Corporation Nationality Certificate or Individual Nationality Certificate of the licenser (to be notarized);
Powers of Attorney of both parties (to be simply signed); and
Consent form of the patentee, if required (to be notarized).
The Corporation Nationality Certificate or Individual Nationality Certificate is effective for 6 months from the date of notarization.
The signatories of the Corporation Nationality Certificate and the License Agreement should be the same person. In License Agreement and Corporation/Individual Nationality Certificate, both name(s) and address(es) of both parties should be indicated
 
 
Transfer of patent application or patent right
Transfer of patent application or patent right by assignment
Patent application and patent right may be assigned. However, a joint owner of a patent application or a patent right may not assign his share without the consent of all the other joint owners. The documents required in this case are as follows:
Assignment;
Corporation/Individual Nationality Certificate of the assignor (to be notarized);
Powers of Attorney of both parties, assignor and assignee (to be simply signed); and
Consent form from joint owners, if required (to be notarized).
The Corporation/Individual Nationality Certificate is effective for 6 months from the date of notarization.
The signatories of the Corporation Nationality Certificate and the Assignment should be the same person.
In Assignment and Corporation/Individual Nationality Certificate, both name(s) and address(es) of both parties should be indicated.
Transfer of patent application by merger
In the case of the transfer of patent application by the corporation merger, the following documents are required:
Document certifying the merger (e.g., Corporation Merger Certificate) (to be notarized);
Power of Attorney of the successor.
In Corporation Merger Certificate, both name(s) and address(es) of both parties should be indicated.
Transfer of patent right by merger
In the case of the transfer of patent right by the corporation merger, the following documents are required:
Document certifying the merger (e.g., Corporation Merger Certificate) (to be notarized);
Corporation Nationality Certificate of the successor via the merger (to be notarized); and
Power of Attorney of the successor.
The Corporation Nationality Certificate is effective for 6 months from the date of notarization.
The signatories of the Corporation Nationality Certificate and the Corporation Merger Certificate should be the same person.
In Corporation Merger Certificate and Corporation Nationality Certificate, both name(s) and address(es) of both parties should be indicated.