Because there is no substantive examination concerning novelty, inventive step and industrial applicability under the non-examination system, there will be examination of the basic requirements to avoid and eliminate minimum irrational elements in the application before registration.

  At the stage of examination of basic requirements the following items are examined

1. Where the device is not related to the shape or structure of an article or a combination    of articles;

2.  Unregistrable devices

 -  Devices which are identical or similar to the notional flay or decorations

 -  Devices liable to contravene public order or morality or to injure the public health;

3.  Drafting of claims;

4.  Unity of utility model application;

5.  Whether the essential parts of the description or drawings has been included in the     application or whether the description is evidently unclear.

  Basic Requirements Examination is done in each procedural step.

B. Registration

 The Examiner shall request registration of the utility model application promptly of no lacks concerning the basic requirements can be found, but not before two month from the filing date. The reason for that is the same as in the case for the invalidation procedure.

C. Technical Evaluation

  
   Technical evaluation is different from the substantive examination in patent. Because the subject matter is already registered in the system before technical evaluation, technical evaluation can be requested for each claim while request of the substantive examination should be requested for all claims.

  Therefore the Examiner shall only make registration maintenance decision or registration revocation decision for those claims which are requested.

  If technical evaluation is requested not for all claims and there are reasons of revocation for a part of claims, only those claims are revoked. And for those claims where there is no reason of revocation, registration maintenance decision is made by the Examiner. Each claim which is requested must be technically evaluated, in case of registration revocation decision the reasons shall be written as for the case of ruling of refusal.

  Technical evaluation can be requested by the applicant, owner, exclusive licensee, non-exclusive licensee, interested party and Examiner of the KIPO.

  Technical evaluation can be requested at any time after the filing date. Even if the term of utility model right has expired, technical evaluation can be requested when an interest of request exists.

  -  Requested for registration maintenance decision

For a utility model to receive maintenance decision of registration, it should not fall into any of the categories prescribed in Article 25(1) of the Utility Model Act.

 -  Registration revocation decision

   If the Examiner finds a ground for revocation of a registration utility model, a notice of preliminary revocation shall be issued; and the applicant will be given an opportunity to submit a response to the preliminary revocation with a time limit designated by the Examiner, Such time limit is extendable upon the request for an extension by the applicant.

  In responding to the preliminary revocation the applicant may file an argument with an correction to the specification and/or claims. If the Examiner determines that the argument is without merit and the ground for revocation has not been overcome, he or she will issue a notice of revocation of registration utility model.

D. Dual Application

  
   The applicant who has first filed a patent application has the opportunity to file for the same technical feature an utility model application and establish a right for it without abandoning the patent application. On the other hand, the applicant who has first filed utility model application and wishes to prolong the term of duration of right has the opportunity to file a patent application and at the same execute his right based on the utility model.

  The applicant must be the same as the applicant of the original application. The decision whether the both applicants are identical follows the usual procedure for similar cases.
  Dual application can be filed at the following dates. First, it can be filed at the filing date of the patent application. Second, it can be filed after filing the patent application and before the reception of decision to grant a patent or within 30 days from the date of reception of ruling of refusal. And finally, within 1 year from the date of registration of the utility model application dual application can be filed.

   But if the original application is an international patent application, the following special provisions will be applied to the application.

1.  Dual application is possible if fees prescribed in article 82(1) of the Patent Act is paid    and the translation prescribed in article 201(1) of the Patent Act is submitted.

2.   Dual application is possible after the decision that the international patent application    has turned to be a patent application prescribed in article 214 of the Patent Act.

  -  Non-admittance of Double patenting

  It shall be noted that double patenting of patent and utility model is not allowed under the dual application system. Therefore when the utility model is firstly registered (after about 3 months) and then the patent is granted, the applicant must abandon the utility model in order to register the patent or abandon the patent and maintain the registered utility model.          Double patenting is a reason for opposition procedure or trial of invalidation but not for registration cancellation decision by technical evaluation. This is because the reason for registration cancellation decision by technical evaluation is restricted to the reasons for registration requirement at filing (with the exception of matters concerning right capacity).