Partial-Substantive Examination System (PSES)Back
Partial-Substantive examination for industrial designs
1. Multiple Application
Under the PSES, an applicant may file an application for 100 designs or less which fall under a single category in accordance with the Korean Classification of Products for the Registration of Designs.
The documents required for the PSES, such as claim of priority and drawings for the design application, are the same as those under the substantive examination.
A person applying for multiple design registrations shall indicate the serial numbers of the designs and the particulars prescribed under paragraph (1)(i) of this Article in the application for the PSES.
2. Basic Examination
Under the PSES, examiners conduct examinations to determine whether the design falls under any of the following, if it is not industrially applicable or if the design can be easily created by means of a shape, pattern, color, or any combination of these that is widely known in the Republic of Korea:
- (i) designs that are identical or similar to the national flag, national emblem, military flags, decorations, orders of merit, badges and medals of public organizations, national flags and national emblems of foreign countries, or characters or indications of international organizations;
- (ii) designs whose meaning or content is liable to contravene the public order or morality;
- (iii) designs liable to give rise to confusion over articles connected with another person's business; and
- (iv) designs consisting solely of a shape that is essential to secure the functions of the article.
If the examiner finds a flaw in the formality mentioned above, the examiner must issue a notice stating the reason for refusal and give the applicant an opportunity to submit a written opinion or amendment within the specified time limit.
If the examiner finds no flaw in the formality examination, he will render a decision to grant registration without a substantive examination.
3. Publication of registration
KIPO publishes the "Design Registration Gazette under the PSES" after the design applicant pays the registration fee.
4. Request for opposition
Once a design has been published in the Registration Gazette, any person may file an opposition against the registration of the design under the PSES within 3 months from the publication date.
The grounds of opposition are the same as the requirements for registration under the SES: novelty, creativity, industrial applicability, and other unregistrable designs.
- Last updated 17 August 2021
- Design Examination Policy Division