◎ This is a summary of the revision of February 3, 2001.
In many cases, the Utility Model Law applies mutatis mutandis, the provisions of the Patent Law. (Utility Model Law, Articles 4, 20,28bis, 34, 42, 46, 48, 56, 72 and 77). Here, only the distinguishable points of the Utility Model Law are introduced.
1. Subject Matters of Utility Model Registration
The subject matter of utility model is a device relating to the shape, structure, or a combination of articles with a technical creation utilizing the rules of nature. (Utility Model Law, Article 5(1)). However, a device which is identical with or similar to the national flag or decorations, or which is liable to contravene public order or morality or to injure public health shall not be registered. (Utility Model Law, Article 7)
2. Nonexamination Registration
Utility model will be registered by a simple formality examination without a substantial examination. (Utility Model Law, Article 12 and 35(2))
3. Request for Technical Evaluation and Exercise of Rights
Any person may request a technical evaluation of a device claimed in a utility model application or registered utility model from the Commissioner of the Korean Intellectual Property Office. Where the utility model application or registered utility model contains two or more claims, a request may be made for each claim. (Utility Model Law, Articles 21). An owner of a utility model right or an exclusive licensee may exercise his or her right against a person who infringes his utility model right or exclusive license only after he or she serves a warning on that person by presenting a copy of the certificate of the decision to sustain the registration of the utility model. (Utility Model Law, Articles 44, as revised as of February 3, 2001.)