A patent application will be taken up for examination only if a request for examination is made either by the applicant or by an interested party within 5 years (3 years in the caseof a utility model application) from the filing date of the application. If no request for examination is made within this five-year period (3 years in the case of a utility model application), the patent application is deemed to have been withdrawn.Once a request for examination has been duly filed, it cannot be withdrawn. A patent application is taken up for examination in the order of filing the request for examination thereof.
Applications that have not yet been published will be automatically laid-open in the official gazette called "Patent Laid-open Gazette" after 18 months from the filing date in the Republic of Korea or, if the right of priority is claimed from an earlier foreign filing, from the priority date.
The term of a patent right commences when the establishment of patent right is registered; it ends 20 years after the filing date of the patent application and when extended, can amount to a maximum of 25 years.The corresponding term for a utility model is 10 years.
The effect of a patent right is subject to the principle of territoriality; that is, it is valid only in the country where the right is obtained.
A design right arises on the date in which the granting of the right is registered under Article 90 (1) and continues to exist until the 20th anniversary of the filing date of the relevant application of design registration application; provided that a design right to a related design registered under Article 35 expires at the end of the duration of the design right to its basic design.