Designs in South Korea: partial versus full examination
Introduction
With the entry into force of the 14th edition of the Locarno Classification from 1 January 2023 (which applies to designs filed on or after this date), a number of design articles have moved to different classes. Some examples are set out in the following table.
Previous class
New class
Article name
21-02
02-01
Waist supports for exercise
28-02
09-05
Lipstick tubes [packaging containers]
03-03
24-05
Crutches
02-03
29-02
Disposable face masks
This is particularly relevant in South Korea as design applications follow one of two examination tracks — partial examination or full examination — based on the Locarno class of the design article.(1) At the time of writing, designs that fall under the following seven Locarno classes are subject to partial examination:
class 01 – foodstuffs;
class 02 – articles of clothing and haberdashery;
class 03 – travel goods, cases, parasols and personal belongings, not elsewhere specified;
class 05 – textile piece goods, artificial and natural sheet material;
class 09 – packages and containers for the transport or handling of goods;
class 11 – articles of adornment; and
class 19 – stationery and office equipment, artists' and teaching materials.
Designs in all other Locarno classes are subject to full examination.
Looking at the examples in the above table, the first two articles will now be subject to partial examination in Korea, while the latter two will go through full examination.
So, what is the difference?
Partial examination
This is a fast-track examination process for designs typically sensitive to trends or that have a short life cycle. The examination stage comprises a check of the following, but does not include a substantive examination of novelty or creativity:
application formalities (eg, applicant details and suitability of drawings);
basic formalities (eg, design cannot be similar to national flag or emblem, morally unsound, liable to cause confusion with another party or purely functional);
industrial applicability; and
limited novelty requirements (cannot be a "widely known" design or a combination of widely known shapes, patterns or colours).
The examination timeframe for partial examination designs is typically around two to three weeks, so protection can be obtained rapidly.
Another feature unique to partial examination designs is the existence of an opposition period following publication (laying open) of the design in the Design Gazette. Due to the limited novelty search carried out during examination, this provides an opportunity for any other parties to oppose the registration. The opposition period is three months from the date of publication. After this time, it is still possible for interested parties to bring an invalidation action.
Most official fees are also lower for partial examination designs, including the application fee (currently ₩45,000 per design) and annuity payments, which are a fixed cost (currently ₩17,000 per year) for the lifetime of the design.
Full examination
As the name implies, this is a substantive examination process that, in addition to the partial examination details above, also includes a comprehensive prior art novelty search.
Reflecting the more involved process, the examination timeframe for full examination designs is considerably longer — currently around six to 12 months. After registration and publication (laying open) in the Design Gazette, there is no opposition period. To contest the registration, an invalidation action must be brought.
The official application fee for full examination designs is more than double that of partial examination designs (currently ₩94,000 per design) and, as with patents, the annuity fee payments increase over the lifetime of the design. Currently, they rise from ₩17,500 per year for years four to six to ₩105,000 per year for years 13 to 20.
Written by Jonathan MASTERS
