IP SystemPractice Strategy

Design Under Non-Substantive Examination System

Design Under Non-Substantive Examination

(2) Formality Examination and Registration

(3) Publication and Post-grant Opposition

(4) Rights conferred to the design registration under the NSES

(1) Multiple Application

Under the NSES, an applicant may file an application for twenty designs or less which fall under single class in accordance with the Korean Classification of Products for the Registration of Designs.

The documents required, such as claim of priority, drawings for the design application under the NSES is same as that of under the Substantial Examination.

However an applicant wishing to make an multiple application should submit a specification of plural designs containing matters such as serial number of designs, and drawings, names and claims of priority of each design

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(2) Formality Examination and Registration

Under the NSES, examiners conduct formality check and examination to determine whether the design will disturb the public order or good morals only.

The formality check on the design application under the NSES is same as that of under the SES.

If the examiner founds a flaw in the formality mentioned above, the examiner must issue a notice of preliminary rejection stating the reason for rejection and give the applicant an opportunity, time limit to submit a written opinion or amendment within the specified.

If the examiner finds no flaw in the formality examination, he will render a decision to grant registration without substantial examination

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(3) Publication and Post-grant Opposition

KIPO publishes a "design registration gazette under the NSES" after the design applicant pay the registration fee.

Once a design has been published in the Registration Gazette any person may file an opposition against the registration of the design under the NSES within 3 months from the publication date.

The ground of opposition are same as that of requirement of registration under the NSES; novelty, creativity, industrial applicability, and other unregistrable designs

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(4) Rights conferred to the design registration under the NSES

The rights conferred to the design registration under the NSES in exclusive right are same as that of under SES.

If the registration under the NSES is invalidated by opposition or trial, the right conferred to the registration under the NSES will retroactively lose effect.

Furthermore, if the alleged right holder injures a person by exercising his forged right, he has to compensate for the damages regardless of his design registration under the NSES

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IP SystemPractice Strategy

Design Under Non-Substantive Examination System

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