메인으로 이동

Accelerated examination is a system under which patent examination is conducted more quickly than ordinary applications.

However, it is applicable only to applications that satisfy the statutory requirements.

A provisional specification filing is a system used to secure the filing date (priority date) by filing an invention prior to a formal patent application.

Key Points

- Filing is possible based solely on a description of the invention without claims

- The primary purpose is to secure the filing date (priority date)

- A formal application shall be filed within one (1) year after the provisional filing (otherwise, the effect shall lapse)

- Examination is not conducted at the provisional stage

When is it used?

- Where the technology is not yet fully finalized

- Where an early filing date is required prior to disclosure, presentation, or meetings

A domestic priority application is a system that allows an applicant to file a later patent application in Korea, within one year of an earlier Korean patent application, and claim the filing date of the earlier application as the priority date for the subject matter disclosed in the earlier application. Under the Korean Patent Act, the later application may claim priority based on an earlier patent or utility model application filed in Korea.

Key Points

- Earlier Korean application → later Korean application

- The later application must be filed within one (1) year

- Subject matter disclosed in the later application and supported by the earlier application is examined based on the earlier filing date.

When is it used?

- When the invention needs to be supplemented or expanded after the initial filing

- When the applicant wants to refine and improve the specification before refiling

No. Joint Filing is required only where inventorship contribution is actually established.

The ownership share shall be determined based on the inventorship contribution of inventors from each institution and finalized through inter-institutional negotiation.

In general, the authority and the method of revenue distribution are determined in accordance with prior agreement between institutions or the Joint Filing agreement.

Yes. In accordance with the KAIST Employee Invention Regulations, KAIST inventors shall disclose their inventions to KAIST.

Even where the preparation of the specification has already been carried out by the partner company or a Patent Firm, an Employee Invention of a KAIST inventor shall be processed through the Invention Disclosure procedures, and the following steps shall be taken thereafter:

• inventors of both KAIST and the partner institution shall complete Invention Disclosure procedures at their respective institutions;
• the necessity of Joint Filing, ownership share, and cost allocation shall be determined through inter-institutional negotiation; and
• the patent application shall be filed jointly under both institutions upon agreement.

※ Note: Disclosing an Employee Invention is a mandatory procedure for inter-institutional negotiation and the clarification of ownership of rights. Accordingly, such disclosing shall not be omitted even where the partner institution has already completed preparation for filing.