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Patent For Inventors

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Process

Domestic Patent Filing Process

Invention Report → Program for EnhancingInvention → Filing Patent Application → Office Action → Patent Registered → Maintaining Patent Rights

Invention Report

  • Any inventor who would like to apply for a domestic patent should fill out forms for invention report, conveyance, self-assessment, prior art search, and patent information abstract, after logging into PPMS at
    http://ppms.kaist.ac.kr
  • Print out and submit the original copies of the invention report and conveyance, with the inventors’ signatures, to Technology Commercialization Center (TCC).
  • When filling out the invention report, please state in detail whether a public disclosure has been made about the invention, whether there is a joint application, or there are invention related research projects.

* For more information, please refer to the PPMS manual.

Program for Enhancing Invention

  • The TCC will review the invention’s patentability by conducting a prior art search. The TCC will determine the applications and technological and commercial values of the invention. For technological values, the review will consider the technology’s inventiveness, its ripple effect, technology trend suitability, and the potential to validate IPR infringement, as well as its market scale, market prospects, and feasibility of commercialization.
  • Once the TCC has decided to go forward with a patent application, it will support all expenses and fees for the application including the application fee, registration fee, annual fees for the first 5 years, and fees for office action.

Patent Application

  • The TCC will refer the patent application case to an exclusive KAIST patent attorney’s office to prepare the paperwork. The patent lawyer will prepare an application statement based on the invention report. The application statement determines the scope of the patentee’s rights: this is a very critical procedure to protect the patent.
  • After the application statement prepared by the patent attorney’s office has been confirmed by the inventor, the TCC will make a final review and ask the attorney’s office to proceed with the application. Then, the office will submit the documentation to KIPO on behalf of the inventor.
  • When the application has been finalized, the patent attorney’s office will report the result through PPMS by uploading all related documents.

Office Action (Prior to patent registration, after filing)

  • A KIPO examiner will determine whether the patent application meets the pertinent patentability requirements of KIPO. If any reasons are found that would prevent registration (for example, lack of novelty and/or inventiveness of the invention, errors in documentation), the examiner will issue a written opinion to the applicant.
  • The patent attorney’s office will upload KIPO’s opinion to the PPMS. In consultation with the inventor, the office will write an amendment/opinion in response to KIPO’s initial refusal.
  • After it has been confirmed by the inventor, the final amendment/opinion will be uploaded by the patent attorney’s office to the PPMS after submitting the documentation to KIPO.

Patent Registration

  • When patent registration has been granted by KIPO, the TCC will earn patent rights after paying 3-years’ patent fees.

Maintaining Patent Rights

  • The rights of the registered patent will be kept valid when a patent maintenance fee is paid every year after the 4th year of being registered. For any registered patent, KAIST will support the patent maintenance fee for 5 years.
  • When a patent registered for more than 6 years is not being utilized, the patentee or his/her research department may be responsible for the maintenance fee. If not, the patentee may waive their rights.

Overseas Patent Application Process

Overseas Application

  • An overseas patent filing will be made with either
    • ① financial support from KAIST or
    • ② support from the inventor’s research fund.

Overseas application with financial support from KAIST

  • KAIST will select outstanding domestic patents registered by KAIST students, faculty and staff for overseas application, and provide support including the registration fee, and registration maintenance fees for the first 5 years.
  • Process

    Inventor - Submission of overseas filing application → Evaluation Committee - Pre-evaluation of written statement(If necessary) → Evaluation Committee - Final announcement of selection(Based on the technological and commercialization values) → TCC - Determination of financial support for overseas filing

  • How to apply : Submit an application form to yskim@kaist.ac.kr. This application process will be conducted 4 times a year. Further information for this international filing will be announced soon.
    (For more details, please contact +82-42-350-2971.)

Overseas filing with support from inventor’s research fund

  • When the inventor agrees to pay the expenses and fees for filing an overseas patent with his/her research fund account, TCC will proceed with the following process.
  • Process

    Inventor - Sends official request for overseas filing(Stating in detail the expense and fee payment from  research fund account) → TCC - Receives the official request and requests the filing from the patent attorney’s office → Patent Attorney’s Office - Overseas filing and registration

  • Note (for international application with inventor’s research fund support)
    • All the expenses for the international application including application fee, office action expenses, registration fees, and annual registration fee after the 6th year are the responsibility of the inventor, not KAIST. Therefore, the inventor shall submit an official request enclosed with a written statement with his/her signature with the request for an international application.
    • If an inventor is delinquent in paying international patent application-related fees and expenses, additional filings may be deferred until all outstanding balances have been cleared.
    • Please be advised that international application expenses vary significantly by nation, invention, and proxy. Therefore, please check out the estimated expenses before starting the process by contacting the patent attorney’s office. (Please note that the TCC is not responsible for confirming the estimated expenses of any single case.)
    • Accounts available for patent filing expenses: an IPR filing and registration account, non-settlement accounts for industry projects, balance and independent income accounts, and research center projects accounts are available for meeting patent filing expenses.
  • Estimated expenses for international applications: Please note that the following are estimated average expenses by nation. The expenses will vary depending on the nation, invention, and proxy. Please contact a patent attorney’s office to check out the actual costs in advance.
    Item Expenses USA Europe China Japan PCT

    Patent
    Filing

    Local Proxy
    (local patent office charging fee)
    3 Million KRW 7 Million KRW 4 Million KRW 6 Million KRW 2.5 Million KRW
    Domestic Proxy
    (Excluding value added tax)
    1 Million KRW 1 Million KRW 1 Million KRW 1 Million KRW 1Million KRW
    Sub total 4 Million KRW 8 Million KRW 5 Million KRW 7 Million KRW 3.5 Million KRW
    Translation
    (Excluding value added tax)
      1 Million KRW
    (30,000 KRW/1P)
    1 Million KRW
    (30,000 KRW/
    1P)
    0.85 Million KRW
    (25,000 KRW/
    1P)
    0.85 Million KRW
    (25,000KRW/
    1P)
     
    Total for Filing   5 Million KRW 9 Million KRW 5.85
    Million KRW
    7.85
    Million KRW
    3.5
    Million KRW

    Office Action_OA
    (Per case)

    Local Proxy 2.5 Million KRW 2.5 Million KRW 2.5 Million KRW 3.5 Million KRW  
    Domestic Proxy
    (Excluding value added tax)
    0.5 Million KRW 0.5 Million KRW 0.5 Million KRW 0.5 Million KRW  
    Sub total 3 Million KRW 3 Million KRW 3 Million KRW 4 Million KRW  

    Patent
    Registration

    Local Proxy 2.5 Million KRW 3 Million KRW 1 Million KRW 2 Million KRW  
    Domestic Proxy
    (Excluding value added tax)
    0.7 Million KRW 0.7 Million KRW 0.7 Million KRW 0.7 Million KRW  
    Sub total 3.2 Million KRW 3.7  Million KRW 1.7 Million KRW 2.7 Million KRW  
    Maintenance Fee in Europe
    (For 3rd~5th year)
    Local Proxy   3 years-1 Million KRW      
    4 years-1.2
    Million KRW
    5 years-1.6
    Million KRW
    6 years-1.9
    Million KRW
    For entering Europe
    (when entering 3 nations)
    Local Proxy
    (by nation)
      Without translation-1 Million KRW      
    With translation-3 Million KRW
    Domestic Proxy
    (Excluding value added tax)
      0.3 Million KRW      
    Sub total          
    Total
    (Office Action_OA 2 times in estimation)
    15 Million KRW ~ 34 Million KRW ~ 14 Million KRW ~ 19 Million KRW ~ 3.5 Million KRW ~
    • * Expenses and fees for international applications vary depending on the nation, inventions, and proxies. Please note that the above table is based on estimates of average costs.
    • ** Please note that the requirements for patent filing in European nations vary according to nation. Therefore, the total cost including translation fees also vary from nation to nation in Europe.

Office Action, Patent Registration, Patent Right Maintenance

  • All procedures with respect to office action, patent registration, and maintaining patent rights will be handled by the TCC patent attorney’s office and their foreign agency.

담당자 : 최고관리자 수정일 : 2014년 05월12일 조회수 : 77