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ENFORCEMENT RULE OF THE UTILITY MODEL ACT

Enforcement Rule of the Utility Model Act

[Effective Date: July 28, 2010]

[Decree No. 138, The Ministry of Knowledge Economy, Partially amended on July 27, 2010]

Korean Intellectual Property Office

(Patent Examination Policy Division)

042-481-8138

The Ministry of Knowledge Economy

Partially amended on July 27, 2010 (Law No.138) Partially amended on June 30, 2009 (Law No.76) Partially amended on December 31, 2008 (Law No.52) Partially amended on September 30, 2008 (Law No.35) Partially amended on June 29, 2007 (Law No.403) Partially amended on December 29, 2006 (Law No.383) Partially amended on September 29, 2006 (Law No.368) Partially amended on April 28, 2006 (Law No.335) Partially amended on November 30, 2005 (Law No.313) Partially amended on September 1, 2005 (Law No.299) Partially amended on July 1, 2005 (Law No.287) Partially amended on February 11, 2005 (Law No.256)
Partially amended on December 31, 2003 (Law No.216)

National Legal Information Center, The Ministry of Government Legislation

November 15, 2010

Enforcement Rule of the Utility Model Act

[Effective Date: July 28, 2010]

[Decree No. 138, The Ministry of Knowledge Economy, Partially amended on July 27, 2010]

Article 1(Purpose)

The purpose of this Rule shall be to provide for the matters delegated by the Utility Model Act and the Enforcement Decree of the aforesaid act and the necessary matters required to enforce the act and the enforcement decree.

Article 2(Indication of Utility Model Registration No., etc.)

(1) Upon submitting any document, sample or other things regarding a utility model application or the utility model right thereof to Korean Intellectual Property Office or Patent Tribunal after the utility model application, the corresponding application or registration number of the utility model and one's applicant code[or one's name and address(or trade name and address, in the case of a corporate body), in the case of not having an applicant code)] shall be indicated. <Amended on December 29, 2006>
(2) Upon submitting any document, sample or other things regarding a trial or retrial concerning a utility model application to Korean Intellectual Property Office or Patent Tribunal after the filing of the trial or retrial the corresponding trial or retrial number, the name(or the trade name, in the case of a corporate body) of concerned party and one's applicant code[or one's name and address(or trade name and address, in the case of a corporate body), in the case of not having an applicant code)] shall be indicated.

Article 3(Filing of Written Application of Utility Model, etc.)

(1) A person who intends to file a written application of utility model registration pursuant to Article 8.1 of the Utility Model Act (hereinafter referred to as "Act") must file with the Commissioner of the Korean Intellectual Property Office (hereinafter referred to as "Commissioner") a written application for utility model registration prepared as per Form No.1 attached hereto, accompanied by the following documents:.
1. A copy of the utility model's specifications, summary and drawings;
2. A copy of a document certifying the proxy's authority, when such procedures are followed by a proxy; and
3. A copy of other certificates as required by applicable laws
(2) The specifications, summary and drawings in Form No.15, Form No. 16 and Form No. 17, respectively, attached to the Enforcement Rule of the Patent Act shall apply mutatis mutandis to the specifications, summary and drawings under subsection 1 above.. <Amended on December 29,

2006 and June 30, 2009>

(3) The detailed description of the device under Article 8.3 hereof shall contain each of the
following information: <Newly added: June 29, 2007>
1. Field of technology;
2. Problems to be solved;
3. Means of solving such problems; and
4. Other necessary information that will be needed to help a person with ordinary skill in the art to which the invention pertains would have been easily understand the concept of the device.
(4) Any of the information set out in subsection 3 above may be omitted where such information is not applicable. <Newly added on June 29, 2007>

Article 4(Utility Model Application including Nucleic Acid Base Sequences or Amino Acid

Sequences)

(1) A person who intends to file a utility model application including nucleic acid base sequences or amino acid sequences (hereinafter referred to as "Sequences") shall file with the Commissioner a written application for utility model registration prepared as per Form No.1 attached hereto, accompanying the following documents:. <Amended on June 30, 2009>
1. Specifications with a list of Sequences prepared as prescribed by the Commissioner; and
2. Electronic file containing a list of Sequences in a computer readable form (only when the utility model application is filed by paper)
(2) When a utility model application is filed by paper, it shall state that the list of Sequences contained in the electronic file which must be identical to that attached to specifications.

<Amended on June 30, 2009>

(3) If the list of Sequences attached to specifications differs from one contained in the electronic file, the list attached to specifications shall be deemed to have been submitted. <Amended on June 30, 2009>
(4) With respect to the amendment of the list of Sequences, the provisions of subsections 1 through 3 above shall apply mutatis mutandis. <Amended on June 30, 2009>

Article 5(Report on Changes to the Deposit Number of Microorganism)

A person intending to report a new deposit number pursuant to Article 2.2 of the Enforcement Decree of the Patent Act which applies mutatis mutandis in Article 9.1 of the Enforcement Decree of the Act (hereinafter referred to as "Enforcement Decree") shall file with the Commissioner a written report on changes to the deposit number of microorganism (such written report on changes to the deposit number of microorganism in Form No. 18 attached to the Enforcement Rule of the Patent Act applies mutatis mutandis ), accompanying the following documents: <Amended on December 29, 2006>
1. A certified copy of a document of such new deposit number; and
2. A certified copy of a document of the proxy's authority, when such procedures are followed
by a proxy

Article 6 (Procedure for Obtaining Samples of Microorganism)

A person intending to obtain samples of microorganism apportioned pursuant to Article 4.1 of the Enforcement Decree of the Patent Act which applies mutatis mutandis in Article 9.1 of the Enforcement Decree shall file with the Commissioner a written application for the certification of his/her qualifications to obtain the microorganism so apportioned (such written application for certificatin in Form No. 18 attached to the Enforcement Rule of the Patent Act applies mutatis mutandist), accompanying the following documents: <Amended on December 29, 2006>:
1. A copy of the application for obtaining samples of microorganism to be submitted to the depository;
2. A copy of the document stating that the applicant meets the requirements under Article 4.1 of the Enforcement Decree of the Patent Act which applies mutatis mutandis in Article 9.1 of the Enforcement Decree; and
3. A certified copy of a document of the proxy's authority, when such procedures are followed by a proxy

Article 7(Addition of Inventors, etc.)

(1) When an applicant for utility model registration has omitted or incorrectly entered, by mistake, an entry of any of the inventors in the utility model application, the applicant shall be allowed to add or correct the entry before a decision for registration is given on the utility model application. Notwithstanding the foregoing, if it is proven that the entry of an inventor(the entry of the inventor on the written application for utility model registration only) has been omitted by mistake or incorrectly entered, it may nevertheless be added or corrected even after a decision for registration has been already given. <Amended on 7.6.29, 2008.12.31>
(2) If an applicant for utility model registration or a holder of utility model right intends to add or correct the entry of any inventor(s) pursuant to subsection 1 above, he/she shall file with the Commissioner a written correction or application, as follows: <Amended on 7.6.29, 2008.12.31>
1. A written correction as per Form No.49 under the Enforcement Rule of the Patent Act, before the establishment of a utility model right is registered.
2. An application for reissuance with correction as per Form No. 29 under the Enforcement Rule of the Patent Act, after the establishment of a utility model right has been registered
(3) When such procedures are followed by a proxy, such written correction or application shall
accompany a document certifying the proxy's authority. <Newly added on June 29, 2007>

Article 8(Converted Application)

(1) A person intending to convert a patent application to a utility model application pursuant to
Article 10.1 of the Act shall file with the Commissioner a written application for utility model
registration as per Form No.1 attached hereto, accompanying the following documents: <Amended on December 29, 2006>
1. A copy of the specifications, summary and drawings;
2. A copy of a document certifying the proxy's authority, when such procedures are followed by a proxy; and
3. A copy of other certificates required by applicable laws;
(2) Specifications, summary and drawings in Form No.15, Form No. 16 and Form No. 17, respectively, attached to the Enforcement Rule of the Patent Act shall apply mutatis mutandis to the specifications, summary and drawings under subsection 1 above, respectively. <Amended on December 29, 2006 and June 30, 2009>

Article 9(Priority Order of Examination)

The priority order of examining applications for utility model registration shall be in accordance with the order in which a request for the examination thereof is made under Article 12.1 of the Act. Notwithstanding the foregoing, if a utility model application with respect to which a request for examination has been made is divided pursuant to Article 52 of the Patent Act (which applies mutatis mutandis in Article 11 of the Act) and a request for the examination thereof is made or if a patent application for which a request for examination has been made is converted to a utility model application pursuant to Article 10 of the Act and a request for the examination thereof is made, the examination of such applications shall be conducted according to the order of their respective original applications.

Article 10 (Request for Accelerated Examination)

A person who intends to request accelerated examination with respect to a utility model application pursuant to Article 61 of the Patent Act (which applies mutatis mutandis in Article
15 of the Act) shall file with the Commissioner a written application for accelerated examination (to which application there applies mutatis mutandis a written application for accelerated examination in Form No. 22 attached to the Enforcement Rule of the Patent Act), accompanying the documents listed below: <Amended on December 29, 2006>
1. A copy of written application for accelerated examination containing the required information prescribed by the Commissioner;
2. A copy of a document certifying the proxy's authority, when such procedures are followed by a proxy

Article 10-2 (Suspension of Decision on Utility Model Registration)

(1) Where, based on a request for the examination of a utility model application, a written application for suspending the decision on utility model registration in question is filed by the applicant with the Commissioner as per Form No. 22-2 attached to the Enforcement Rule of the
Patent Act and filed within six (6) months from the date of utility model application, the examiner in charge may suspend the decision on the utility model application in question for twelve (12) months from the date of application for such utility model registration, except when:

<Amended on September 30, 2008>

1. The utility model application is a divisional or converted application;
2. A decision on accelerated examination has been made with respect to the utility model application in question; or
3. A decision on the rejection or acceptance of utility model registration in question has been already notified in writing before such application for suspending the decision on utility model registration is filed
(2) When such procedures are followed by a proxy, a copy of a document certifying the proxy's authority, which shall be prepared as per the format designated in subsection 1 above, shall be accompanied. [This Article was newly added on June 29, 2007]

Article 10-3(Deferment of Examination of Applications for Utility Model Registration)

(1) When, following a request for the examination of a utility model application, the applicant intends to undergo such examination eighteen (18) months after the date of such request, the applicant shall be allowed to file with the Commissioner with a written application for deferment of the examination, as per Form No. 22-2 attached to the Enforcement Rule of the Patent Act, stating the intended examination date, which must fall within six (6) months from the date of such request for the examination (such date shall not exceed three (3) years from the date of such request for the examination, which, hereinafter shall be referred to as "Intended Deferred Date"). Notwithstanding the foregoing, a written application for utility model registration or written request for examination in any of the cases described below may be filed in lieu of such application for deferment if it states purport of such intention and the Intended Deferred Date therein:
1. A written application for utility model registration prepared as per Form No.1 attached hereto, where a request for examination is made along with an application for deferment of such examination as a utility model application is filed pursuant to the proviso to Article 37.1 of the Enforcement Decree of the Patent Act which applies mutatis mutandis pursuant to Article
17 hereof;
2. A written request for examination as per Form No.22 attached to the Enforcement Rule of the Patent Act, where a request for examination is made along with an application for deferment of such examination (except in a case mentioned in subsection 1 above)
(2) If an applicant for utility model registration withdraws the application for deferment of examination or changes the Intended Deferred Date pursuant to subsection 1 above, the applicant shall file a written withdrawal as per Form No. 12 attached to the Enforcement Rule of the Patent Act or written correction prepared as per Form No. 22-2 attached to the Enforcement
Rule of the Patent Act within two (2) months from the date of application for such deferment of examination.
(3) Where an application for deferment of examination of a utility model application is filed pursuant to subsection 1 above, the examiner in charge may defer the examination of such application till the Intended Deferred Date, except where:
1. The utility model application in question is a divisional or converted application or an application made by a legitimate holder of the right to do so;
2. A decision has been made to conduct accelerated examination of the utility model application in question; or
3. The written reason for rejection or acceptance of the utility model application has been
already notified before the application for deferment of examination is filed with respect to the utility model application in question.
(4) When such procedures are followed by a proxy, a copy of a document certifying the proxy's
authority as per the format under subsection 1 above shall be accompanied. [This Article was newly added on September 30, 2008]

Article 11(Issuance of Utility Model Registration Certificate)

(1) Where the establishment of a utility model right is registered, the Commissioner shall issue to the holder of such utility model right a utility model registration certificate in Form No.2 attached hereto pursuant to Article 19.1 of the Act.
(2) The Commissioner may issue a utility model registration certificate in Form No. 2 attached hereto, upon request from a person who has succeeded to such utility model right by assignment or otherwise pursuant to Article 99 of the Patent Act, which applies in Article 28 of the Act.
(3) When the Commissioner intends to correct and reissue a utility model registration certificate pursuant to Article 19.2 of the Act, he/she shall enter the details of such correction in the registration section as per Form No.3 attached hereto and sign the same and reissue the utility model registration certificate after having attached the aforesaid content of such correction thereto. (4) Upon request from a holder of utility model right, the Commissioner may issue a utility model registration certificate by entering the title of the device, the name of the utility model right holder, the inventor thereof, etc. in English among the entries in the said certificate; provided, however, that the English title of the device must appear in the corresponding utility model application.

Article 12(Issuance of Portable Utility Model Registration Certificate)

(1)Upon request from the holder of a utility model registration certificate, the Commissioner may issue a portable utility model registration certificate in Form No.4 attached hereto.
(2) If the portable utility model registration certificate under subsection 1 above is not consistent with the register of utility model registration or other related documents, the Commissioner shall
retrieve the portable utility model registration certificate at the request of the holder of such utility model right or ex officio do so, and he shall then redeliver the same after having made a correction thereof or shall issue a new portable utility model registration certificate. In such a case, when the Commissioner intends to make a correction of and thereafter redeliver a portable utility model registration certificate, he/she shall enter the details of such correction in the registration section as per Form No.4 attached hereto, sign the same and then redeliver the portable utility model registration certificate.
(3) When, following the issuance of a portable utility model registration certificate, a decision given on the trial for correction has been become final and conclusive pursuant to Article 136 of the Patent Act which applies mutatis mutandis in Article 33 of the Act, the Commissioner shall issue a new portable utility model registration certificate pursuant to that decision.
(4) Upon request from the holder of a utility model registration certificate, the Commissioner may issue a portable utility model registration certificate by entering in English the title of the device, the holder of such utility model right or inventor, etc. among the entries made in the said certificate; provided, however, that the English title of such device must appear in the utility model application.

Article 13 (Reissuance of Utility Model Registration Certificate, etc.)

Where a holder of utility model right applies for reissuance of a utility model registration certificate or portable utility model registration certificate by reason of the loss thereof or damage thereto, the Commissioner shall reissue such certificate.

Article 14 (Written Request for Trial)

The provisions of Article 57 of the Enforcement Rule of the Patent Act shall apply mutatis mutandis with respect to written requests for trial under Articles 132-3 and 135 through 137 of the Patent Act, which applies in Articles 31 to 33 of the Act.

Article 15 (Filing a Translation, etc.)

(1) A person who intends to file a translation, etc. pursuant to Article 203 of the Patent Act which applies in Articles 35 and 41 of the Act shall file with the Commissioner the documents for submission including such translation ( "Documents for submission pursuant to Article 203 of the Patent Act", prepared in Form No. 57 attached to the Enforcement Rule of the Patent Act, shall apply mutatis mutandis and the same shall hereinafter), accompanying the following documents:<Amended on December 29, 2006, December 31, 2008 and July 27, 2010>
1. A copy of the translation of the specifications, the scope of request, summary and drawings
("brief description of the drawings" only) under Article 35.1 of the Act;
2. A copy of a document certifying the proxy's authority, when such procedures are followed by a proxy; and
3. A copy of other certificates required by applicable laws
(2) A person who intends to file a new translation pursuant to Article 35.3 of the Act shall file with the Commissioner the documents for submission ("Documents for submission" prepared in Form No. 13 attached to the Enforcement Rule of the Patent Act shall apply mutatis mutandis), accompanying the following documents: <Newly added on July 27, 2010>
1. A copy of new translation of the specifications, the scope of request, summary and drawings (which shall be limited to the explanatory portion of the drawings) under Article 35.1 of the Act; and
2. A copy of a document certifying the proxy's authority, when such procedures are followed by a proxy
(3) A person who intends to make a correction in a case falling within the categories set forth in Article 203.2.1 of the Patent Act which applies mutatis mutandis in Article 41 of the Act shall file with the Commissioner the documents for submission, including a translation thereof, and shall pay additional fee pursuant to Article 3.1.9 of the Rules for Collecting Patent Fees, etc. <Amended on December 29, 2006, 2010.7.27>
(4) Article 13 of the Enforcement Rule of the Patent Act shall apply mutatis mutandis to those who intend to make a correction in cases falling within the categories set forth in Article
203.2.2 of the Patent Act. <Amended on July 27, 2010>

Article 16(Indication of Utility Model Registration)

In indicating utility model registration pursuant to Article 223 of the Patent Act which applies mutatis mutandis in Article 44 of the Act, the words "utility model registration" and the corresponding utility model registration number shall be indicated on the goods with respect to which the utility model in question is registered.

Article 17(Mutatis Mutandis Application of the Enforcement Rule of the Patent Act)

(1) With respect to applications, requests and other procedures related to utility model registration, the provisions of Articles 1-2, 2, 3, 3-2, 4, 5, 5-2 through 5-4, 6 through 9, 9-2 through 9-9, 10, 11, 13, 13-3, 13-4, 14 through 18, 18-2, 19, 19-2, 20-2, 24 through 27, 29, 31,
33 through 36, 36-2, 37, 37-2, 37-3, 40, 41 through 45, 48, 51, 55, 55-2, 57-2, 58, 60 through
65, 65-2, 66, 66-2, 67 through 69, 72, 73, 120 and 120-2 through 120-6 of the Enforcement Rule of the Patent Act shall apply mutatis mutandis. In such a case, "where no specifications (including cases where such specifications do not contain any detailed description of invention) are attached" under Article 11.1.5 of the said Enforcement Rule, it shall be read as " where no specifications (including cases where such specifications do not contain any detailed description of invention) or drawings are attached" and "written patent applications in Form No.14 attached hereto" set forth in the provisions other than those of subparagraphs of Articles 29.1 and 31.1 of the said Enforcement Rule shall be read as "written applications for utility model registration in
Form No.1 attached hereto" respectively. <Amended on June 30, 2009 and July 27, 2010>
(2) With respect to international applications, the provisions of Articles 74 through 93, 93-2, 94,
95, 95-2, 97 through 99, 99-2, 100, 100-2, 101 through 104, 106, 106-2 and 106-4 through
106-46 of the Enforcement Rule of the Patent Act shall apply mutatis mutandis. <Amended on

December 31, 2008>

(3) With respect to international applications which are deemed to be a utility model application pursuant to Article 34 or Article 40.4 of the Act, the provisions of Articles 107, 107-2, 108 through 112, 112-2, 113, 113-2, 114-2, 114-3, 115, 116, 116-2 and 117 through 119 of the Enforcement Rule of the Patent Act shall apply mutatis mutandis. <Amended on July 27, 2010>

Addendum <No.138, July 27, 2010>

This Rule shall come into effect on July 28, 2010.