The term of a patent right is 20 years from the filing date of the patent application and the term of a utility model right is 10 years from the date of its establishment

B. Subject Matter

  A patent can protect the product, process, and the apparatus invention.  However, a U.M. is limited to only structural inventions such as the product and the apparatus.  Method inventions cannot be protected by a U.M. application.  Accordingly, the difference between the documents required for a patent application and those required for a U.M. application is that in the case of a U.M. application, the submission of drawings is compulsory

C. Inventive Step and Novelty Requirements

  Korean Act provides that patents must have a high degree of inventiveness; the level of inventiveness required of a utility model is not as high as that for a patent.  However, the novelty requirement for U.M. is completely the same as the novelty requirement for a patent

D.  No Substantial Examination

  From July 1, 1998, there is basically no substantial examination for the utility   model application.   However, a technical evaluation of a device claimed in a utility application or registered utility model shall be performed in order to enforce the utility model as a right, and the technical evaluation shall be made upon a specific request to do so.