Faster Product Design Protection through Partial Examination

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As functional differences between products narrow, design becomes more important. Delays in registration can make it difficult to align protection with a product launch.

Korea provides partial examination for designated categories of designs, particularly products with short commercial lifecycles.

This article explains design registration through partial examination.

In Korea, not only formal requirements for design applications, but also practical requirements such as novelty are reviewed and granted design right.

Full examination considers formal requirements and substantive registration requirements. Partial examination omits certain substantive checks but still assesses the requirements specified by law.

On the other hand, the design subject to partial examination only examines the basic and obvious matters such as the formal requirements of the application, the violation of the laws and regulations, and the clarity of the product. This is because the root purpose of the system is the speed of registration and the simplification of procedures.

However, there are some exceptional cases in practice. For example, if an applied design is simply replicated by someone who sees it, it may be rejected as an exceptional lack of creativity, even if it is subject to partial examination. In this case, the examiner will see that the designer has used the previously well-known design as it is, and will review the existence of the actual act of creation beyond the formal scope of partial examination.

Partial examination should not be understood as dispensing with all substantive requirements. Certain clear defects, including applicable creativity objections, may still lead to refusal.

Office action may be issued in case of lack of industrial applicability or creativity.

Partial examination is available only for designated product categories. The relevant categories are listed below.

The design partial examination registration system omits the most time-consuming ‘similarity review with existing design’, so it is possible to do a relatively quick review. You can get your registration within one month from the date of application, and on average within about three months. If a design is registered as a design right, it will have the same effect as a regular design right.

Because some substantive requirements are not examined before registration, a partially examined design may remain vulnerable to challenge. An opposition procedure allows defects to be raised after registration.

Anyone may oppose a partially examined design from registration until three months after publication of the registration gazette, subject to the special rule for secret designs. A panel of three examiners considers whether the registration should be revoked.

Design protection must be coordinated with product launch timing. Delays in obtaining rights can undermine effective protection in markets with short product lifecycles.

Partial examination systems are a reflection of this real-world need, enabling fast access to rights, especially in the most fashionable industries.  

However, you should also consider the possibility of an opposition after the registration. Therefore, strategic approaches and pre-reviews are important.