Attorney specializing in patents, what is the formality examination in a patent application?

As you asked, for an invention to be registered as a patent or utility model, it must go through an examination process.

However, before entering into the technical and industrial examination of the applied-for patent, a ‘formality examination’ that checks for legal defects is conducted.

The application division of the Korean Intellectual Property Office, which received the application, first examines whether the application documents conform to the procedural requirements prescribed by industrial property laws, and this is the formality examination.

If the formality examination reveals defects such as insufficient fees or defects under the law, an amendment is requested through a request for amendment and the like.

Where the defect cannot be corrected even through amendment, the application itself may be disposed of as invalid.

The main subjects of the formality examination are as follows.

▶ The legal capacity of minors and others

▶ Matters of special authorization of an agent

▶ The formalities prescribed by law

▶ Payment of fees

To review such detailed matters, it is advisable to obtain the help of an attorney specializing in patents.

If the application is disposed of as invalid or returned in the formality examination or the examination of basic requirements, the application is deemed never to have been filed from the outset.

Therefore, even if you amend and re-file based on the technical content of an application that was disposed of as invalid, the later application that was disposed of as invalid or returned does not become the prior application.

Because detailed legal preparation is needed even in the formality examination, it is advisable to prepare with the assistance of an attorney specializing in patents.