Are there any limitations on the number of goods or services that can be designated for trademark registration in Korea?
There is no limit to the number of goods or services that can be designated, but an excessive number may result in additional costs. Our cost estimate assumes that the number of goods or services designated for the mark is 20 or less. If the number exceeds 20, a fee of USD 1.67 per excess good or service will be charged for both the filing and registration fees.
Unfortunately, no. The Korean Intellectual Property Office does not allow for the restoration of the right of priority under PCT Rule 26bis. As a result, the international filing date must be within one year from the earliest priority date, taking into account weekends and holidays as exceptions.
We primarily offer email and fax services for sending documents, but we use courier services when the document to be sent is in paper form, such as certificates issued by the Korean Intellectual Property Office. Typically, we send a signed document from the attorney to you via email and fax, but if you prefer, we can send it through courier mail at your expense.
How do we go about changing the record of the applicant or right-holder, given that their address has been updated?
If the address of the applicant or right-holder has changed, it’s important to update the record accordingly. To do so, you may file a request for a change of record, which does incur a cost and fee. In order to process the request, we require a notarized proof of the change of address, which should include the name of the applicant or right-holder, their previous address, and their current address. This document should be duly notarized by a notary public in the jurisdiction of the applicant or right-holder.
We understand that changing the record can be a complex process, and it’s important to provide us with accurate information to ensure that the change is processed smoothly. If you have any questions or need further assistance, please don’t hesitate to let us know.
If I want to claim a priority based on the Paris Convention in a non-PCT patent/utility model application in Korea, what documents do I need to provide?
You need to provide a certified copy of the priority document or a scanned copy. If the responsible examiner requests a Korean translation of the priority document, an additional translation fee may be charged.
If the applicant of a PCT application has changed from its assignor to its assignee, what steps should be taken?
What documents do I need to provide to the Korean Intellectual Property Office when filing for a patent?
You are required to provide a power of attorney that has been properly executed by the applicant. Unless it is a “General” Power of Attorney, you may send it to us via email. If the applicant is an individual, we also require their nationality certificate and signature certificate (alternatively, passport). However, if the applicant is a non-individual entity, these certificates are not necessary.
Not all patent applications are automatically prosecuted in Korea. To obtain a patent in Korea, you must request an examination of the application. The request for examination can be deferred for up to 3 years from the international filing date, not from the national entry date. If you fail to request the examination within that time, the national phase application will be considered withdrawn.
What is the current system in which the Korean Intellectual Property Office (KIPO) supervises and manages patent attorneys during patent litigation and trials?
It is believed that this system places patent attorneys at a disadvantage and may result in conflicts of interest.
Patent attorneys are licensed professionals who are obligated to provide legal advice and representation to clients in matters related to patents, trademarks, and other intellectual property rights. However, under the current system, KIPO has the authority to manage and supervise patent attorneys during litigation and trials, which may create conflicts of interest and undermine the attorney-client relationship.
Moreover, the current system may also limit the ability of patent attorneys to provide effective representation to their clients. By being subject to the control and supervision of KIPO, patent attorneys may be pressured to prioritize the interests of KIPO over those of their clients, which could compromise the quality of legal representation provided.
Given these concerns, it is widely agreed that the current system should be reviewed and reconsidered. A system in which patent attorneys are free to provide independent legal representation to their clients, without being subject to the control and supervision of KIPO, would be more aligned with principles of justice and fairness.
According to a recent ruling by the Seoul Administrative Court, only those who have completed the registration process as patent attorneys can represent clients in trademark cancellation trials. The ruling was made in a lawsuit where A had appointed lawyer B to represent him in a trademark cancellation trial against C at the Patent Trial and Appeal Board. However, B had only passed the bar exam and had not completed the registration process as a patent attorney.
The Patent Trial and Appeal Board had demanded that A submit additional documents and pay a fee to continue with the trial. When A failed to submit the required documents, the Board extended the submission deadline and requested that B provide proof of his registration as a patent attorney. B submitted an application for a patent customer number, but the Board rejected it, stating that the application must be submitted to the Korea Patent Attorneys Association in accordance with the Patent Attorneys Act.
The Board then extended the submission deadline again and requested that A provide the patent customer number for his representative, but A did not comply. As a result, the Board ruled the trademark cancellation trial invalid. A filed a lawsuit, claiming that the law does not limit the qualifications of representatives in such trials and that the Board’s demand for a patent attorney registration was invalid.
The court ruled that the Patent Attorneys Act applies to trademark cancellation trial representation and that only those who have completed the registration process as a patent attorney can represent clients in such trials. The court also stated that the Patent Attorneys Act is a special law that applies to trademark cancellation trial representation and that the Bar Association Act and the Civil Procedure Act do not apply in this case.
As an applicant or right-holder, payment of the invoice is required before we begin corresponding tasks. If you are a legitimate intellectual property agent, such as a patent attorney or IP law firm, payment is required within 2 months of the invoice issue date. For first-time clients, payment is required before we begin any tasks.
Please note that if payment is not made by the deadline, we reserve the right to withdraw or abandon the corresponding applications or rights. We will not be held responsible for any outcomes that may arise as a result. However, we do provide a grace period for your convenience.
In today’s global economy, intellectual property has become one of the most valuable assets for businesses of all sizes. Whether you are a startup, a small business, or a multinational corporation, protecting your patents, trademarks, and copyrights is critical to your success. As such, it is essential to work with a patent law firm that can provide the right level of expertise, experience, and dedication to meet your specific needs.
Meta Intellectual Property is a small niche patent law office that offers personalized and dedicated services to clients seeking patent law services in Korea. We understand that clients may be drawn to the size and reputation of larger patent firms, but we believe that our small size allows us to provide a unique level of attention and care to our clients. By working with us, clients benefit from direct communication with the patent attorneys handling their cases, quick response times, and cost-effective services.
We take great pride in maintaining high-quality work and have a proven track record of successful patent applications and litigation. Our commitment to excellence has earned us the trust and loyalty of our clients, who know that they can rely on us to deliver top-notch service and results.
Despite our small size, we have the expertise and experience necessary to handle a wide range of patent law issues. We offer a full range of patent law services, including patent application preparation and prosecution, patent litigation, patentability and infringement opinions, patent portfolio management, and more.
We invite overseas clients to entrust their Korean patent applications to us, confident in our ability to deliver outstanding results. Our personalized attention and cost-effectiveness, combined with our commitment to high-quality work, make us a reliable and exceptional choice for clients seeking patent law services in Korea.
At Meta Intellectual Property, we understand that your intellectual property is your most valuable asset. That’s why we are dedicated to providing you with the highest level of service and expertise possible. We are here to help you protect and defend your patents, trademarks, and copyrights, and to help you achieve your business goals. Thank you for considering Meta IP for your patent needs.
The registration fee includes courier charges for sending the trademark registration certificate. All documents issued by the KIPO and our office, except for the certificate, will be sent via email. If you prefer, we can provide an electronic certificate instead of a paper one.