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X8. Drawings and application

by ip901 2022. 11. 4.
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1. Role of Drawings

 Drawings must be attached to product or device invention patents, and utility models also require by law drawings. Since the design right also determines the protection scope of the design with the drawings, drawings are an essential element. These drawings are attached to the specification by using a computer program (Autocad, Solidworks, Google Sketchup, Rhino, etc.), using scanned hand drawings, or actual photographs.

2. Drawing characteristics and drafting method

  All drawings included in the specification must follow the drawing format prescribed by law. In addition to patents, drawings for utility models and design rights are also formatted. In the drawings, all elements of the invention should be defined using reference signs, and in the case of patents and utility models, a plan view or elevation view can be submitted in black and white according to the drafting law. And, if necessary, a perspective view and a cross-sectional view are also available. In the case of a drawing for a design right, one or more drawings must be attached to clearly and sufficiently express the creative content.

3. Projection

  Projection method is a method of placing a light source, a three-dimensional object, and a flat surface side by side, and illuminating the three-dimensional object with a light beam and transferring it to a picture on the flat surface. The one-angle method or the three-angle method are often used among the drawings transferred on a flat surface. Alternatively, an isometric view is often used so that the overall appearance of an object can be grasped, and the use of a cross-sectional view is also recommended when the interior of the invention is complicated.

4. Electronic filing for domestic patents

  There are two ways to apply for a patent: first, using a patent attorney, and second, self-filing. The method of using a patent attorney has the advantage that it is easy to solve problems after filing a patent application, but the disadvantage is economic costs (about 3 million won per domestic patent).

  You can apply for a patent directly by using the Korean Intellectual Property Office software. In this case, individuals or corporations wishing to apply for a patent must be given a patent customer number in advance, and the method is as follows:

  1) Go to www.patent.go.kr

  2) Apply for a patent customer number

  3) Choose one of 6 types (individual, corporation, etc.)

  4) Submit the relevant documents

  5) Download and fill out the form, scan and upload

  The next step in filing a patent application by yourself is downloading and installing the electronic application software. The outline of the electronic application process is as follows:

  1) Fill out abstract and specification through electronic document maker

  2) Fill out necessary documents and forms of application

  3) Form maker and document input machine are required to zip and upload documents

  4) Review submission results

  5) Pay fee

*Applicant and inventor may be different in Korea, but they must be the same in the United States.

5. PCT Electronic Application

  One can file a PCT application through the PCT electronic application software (PCT-SAFE) developed and distributed by WIPO (For reference, filing a PCT application through a patent attorney costs approximately 7 million won to 10 million won). After downloading PCT-SAFE, set Korean as the language. After opening PCT-SAFE, select a new form and fill out the general information. Then, fill out the application form through the file manager, fill out the bibliography, save it in the ready-to-sign state, and then submit the application.

6. Electronic application procedure

  The electronic application of a patent consists of part 1) issuance of a patent customer number on the Korean patent office’s official website (patent.go.kr), registration of a certificate, electronic application software download and installation, and part 2) writing a specification and filling forms using the installed software to submit a patent online. 

  A user application can be conveniently processed on the patent.go.kr website. Encryption of your patent account is necessary and thus registration of a encryption ceertificate is required. Although a certificate from a bank is usable, Korea Trade Information and Communication also issues an exclusive certificate for the Korean Intellectual Property Office. Once you register a public certificate, you can download document creation software. Patent documents can be executed and created by the integrated specification preparation program, and the form can be executed and created by downloading the form maker. After executing the integrated specification creation program, the specification (name of the invention, technical field, description of the background of the invention, content of the invention, brief description of drawings, specific content for carrying out the invention, description of signs, claims, abstract, representative drawings, drawings) is written and extracted as an .xml file. After that, you need to fill out forms such as an application form, which can be easily filled out through the form maker provided by patent.go.kr website. After filling out the forms, submit it online by attaching the specification prepared through the integrated specification creation program. When filing online, you will be issued a receipt number, application number, and a trial number, which can be used to inquire about the process and results of patent submission.

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