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1. Overview
Same procedures for granting a patent are examination procedures for utility model application which is filed from October 1, 2006 according to new Utility Model Act.
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2. Characteristics of the Korean Utility Model Act
(1) Definition
"Device" means the creation of technical ideas using the rules of nature.
A utility model may be granted for devices that are industrially applicable and relate to the shape or structure of an article or a combination of articles.
(2) Inventive step
Where a device could easily have been made before the filing of the utility model application by a person with ordinary skill in the art to which the device pertains, on the basis of a device referred to in prior art, a utility model registration may not be granted to that device.
(3) Unregistrable devices
(a) devices that are identical or similar to the national flag or decorations.
(b) devices liable to contravene public order or morality, or to injure public health.
(4) Term of a utility model right
The term of a utility model right commences on the date the utility model is registered and ends on the date that marks the lapse of 10 years since the filing date of the utility model application.
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