为什么韩国没有专利法，但却说保护更完善？#韩国专利申请 #专利申请 #专利律师 #中国律师 #王嘉律师

#Patent #SouthKorea #JossWang #Invention #UtilityModel #DesignPatent #PPH #legalinsights

Title:Why Does South Korea Lack a Patent Law but Claim More Comprehensive Protection?

We all know that China has a Patent Law. So, does South Korea have a Patent Law?

Lawyer Joss Wang first provides the answer: South Korea indeed does not have a Patent Law like that in China. Instead, it has enacted separate laws for each type of patent, including the "Patent Act" (equivalent to the Chinese "特许法" for invention patents), the "Utility Model Act" (equivalent to the Chinese "实用新案法" for utility model patents), and the "Design Act" (equivalent to the Chinese "意匠法" for design patents). Therefore, South Korea's protection of patents is actually very detailed, specific, and comprehensive.

So, what are some other interesting regulations regarding patent applications in South Korea?

First: South Korea does not allow simultaneous applications for invention patents and utility model patents for inventions with identical content. However, it permits applicants to convert an invention patent into a utility model or vice versa after the patent application has been filed.

Second: Since 2006, South Korea has conducted substantive examinations for utility model patents and partial substantive examinations for design applications. Therefore, obtaining a patent in South Korea is not easy, and it requires selecting a reliable patent lawyer.

Third: Priority examination is not unique to China; South Korea also offers it. Similar to China, if the technological field falls under South Korea's core cutting-edge technologies or national strategic industries, priority examination can be requested. However, for Chinese applicants seeking to quickly obtain a South Korean patent, Lawyer Joss Wang highly recommends the "Patent Prosecution Highway (PPH)," which offers higher efficiency.

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