Brief summary
- The applicant does not choose. Articles in Locarno Classes 1, 2, 3, 5, 9, 11 and 19 can be filed only as an application for registration of a partially-examined design (디자인일부심사등록출원). All other articles are filed as an application for registration of an examined design (디자인심사등록출원).
- In partial examination, novelty and the earlier application rule are in principle not examined. Instead, any person can file an opposition after registration. The period runs until 3 months after the date of publication of registration.
- An application for registration of a partially-examined design filed on or after 28 November 2025 can be rejected if the lack of novelty or the violation of the earlier application rule is obvious. For applications filed on or after the same date, a person who has received a notice concerning infringement also has a separate opposition period.
- Official fees are lower for partial examination. The application fee for an electronic application is KRW 45,000 per design, against KRW 94,000 per design for an application for registration of an examined design. From year 4, the registration fee for registration of a partially-examined design is fixed at KRW 34,000 per year.
Amounts are taken from the Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙, “Fee Regulation”) in force from 27 February 2026. Last verified on 9 October 2026.
Last verified
At a glance
As of October 2026. Amounts are for an electronic application and are per design.
| Item | Registration of an examined design | Registration of a partially-examined design | Basis |
|---|---|---|---|
| Articles covered | All articles except the seven classes in the next column | Locarno Classes 1, 2, 3, 5, 9, 11 and 19 | Design Protection Act (디자인보호법), Art. 37(4); Enforcement Rule of the Design Protection Act (디자인보호법 시행규칙), Art. 38(3) |
| Novelty (subparagraphs of Art. 33(1)) | Examined | In principle not examined | Art. 62(1) and (2) |
| Easily created from publicly known designs (Art. 33(2), subparagraph 1) | Examined | In principle not examined | Same |
| Easily created from widely known shapes, etc. (Art. 33(2), subparagraph 2) | Examined | Examined | Same |
| Earlier application (Art. 46(1) and (2)) | Examined | In principle not examined | Same |
| Industrial applicability; unregistrable designs under Art. 34 | Examined | Examined | Same |
| Opposition after registration | None | Any person, from the date on which the grant of the design right is registered until 3 months after the date of publication of registration. A person who has received a notice concerning infringement, until 3 months after the date of receiving the notice (limited to 1 year from the date of publication of registration; applications filed on or after 28 November 2025) | Art. 68(1) |
| Trial to invalidate design registration | Available | Available | Art. 121 |
| Application fee | KRW 94,000 | KRW 45,000 | Fee Regulation, Art. 4(1), subparagraph 1 |
| Registration fee, years 1 to 3 (per year) | KRW 25,000 | KRW 25,000 | Fee Regulation, attached Table 3 |
| Registration fee, years 4 to 6 (per year) | KRW 35,000 | KRW 34,000 | Same |
| Registration fee, years 7 to 9 (per year) | KRW 70,000 | KRW 34,000 | Same |
| Registration fee, years 10 to 12 (per year) | KRW 140,000 | KRW 34,000 | Same |
| Registration fee, years 13 to 20 (per year) | KRW 210,000 | KRW 34,000 | Same |
| Term (where the design is not a related design) | Until 20 years after the filing date | Until 20 years after the filing date | Art. 91(1) |
The class of the article decides the procedure
The designs that can be filed as an application for registration of a partially-examined design are limited to the articles set by Prime Ministerial Decree (Design Protection Act, Art. 37(4)). [1] The same paragraph provides that those articles can be filed only as an application for registration of a partially-examined design. [1] This means that the applicant has no choice.
The articles set by Prime Ministerial Decree are the articles in seven classes under the Locarno Agreement (Enforcement Rule, Art. 38(3)). [2]
| Class | Class heading in the Locarno Classification |
|---|---|
| Class 1 | Foodstuffs |
| Class 2 | Articles of clothing and haberdashery |
| Class 3 | Travel goods, cases, parasols and personal belongings, not elsewhere specified |
| Class 5 | Textile piece goods, artificial and natural sheet material |
| Class 9 | Packaging and containers for the transport or handling of goods |
| Class 11 | Articles of adornment |
| Class 19 | Stationery and office equipment, artists’ and teaching materials |
The seven classes are listed by name in Part 2, Chapter 9 of the Design Examination Guidelines (디자인심사기준) of the Ministry of Intellectual Property (지식재산처, MOIP). [7] The English names in the table above are the class headings in the 15th edition of the Locarno Classification (version of 1 January 2025) of the World Intellectual Property Organization (WIPO). [8] The current seven classes have been in force since 1 December 2020. [2] Before that date, there were three classes: Classes 2, 5 and 19. [2]
If the class (category of products) of the article is chosen wrongly, this is a ground for rejection. Article 62 of the Design Protection Act makes a violation of Art. 37(4) a ground for rejection for both types of application. [1] The Design Examination Guidelines treat an application for registration of a partially-examined design for an article that is not covered as a violation of the former part of Art. 37(4). [7] They treat an application for registration of an examined design for a covered article as a violation of the latter part of the same paragraph. [7]
In this case, the applicant can file an amendment that changes the type of application. Article 48(3) of the Design Protection Act allows an amendment that changes an application for registration of a partially-examined design into an application for registration of an examined design, and an application for registration of an examined design into an application for registration of a partially-examined design. [1] The amendment can be filed at three times (same Article, paragraph (4)). [1]
- Until the notice of the determination regarding design registration is sent
- During the period for requesting re-examination under Art. 64
- Where an appeal against a decision of rejection (determination to reject an application for design registration) is filed, within 30 days from the date of the appeal
The amendment fee for changing an application for registration of a partially-examined design into an application for registration of an examined design is KRW 53,000 per design for an electronic application (Fee Regulation, Art. 4(1), subparagraph 7 (a), proviso). [3] If the change is made by a written amendment filed together with a request for re-examination, the fee is KRW 79,000 per design (same subparagraph, item (e), proviso). [3]
An application for international design registration under the Hague Agreement is treated differently. The amendment under Art. 48(3) that changes the type of application does not apply to an application for international design registration (Art. 186(2)). [1] Rejection under Art. 62(1), subparagraph 2 for a violation of Art. 37(4) does not apply either (Art. 193). [1]
In partial examination, novelty and the earlier application rule are in principle not examined
Article 2, subparagraph 6 of the Design Protection Act defines registration of a partially-examined design (디자인일부심사등록) as registration after examination of only some of the requirements for registration. [1] Article 62(2) sets out what is left out. [1]
Article 62(2), subparagraph 2 lists as grounds for rejection, from Art. 33, only the part of paragraph (1) with the exception of its subparagraphs and paragraph (2), subparagraph 2. [1] Article 46 is not included in this subparagraph. [1] The following four are therefore not grounds for rejection of an application for registration of a partially-examined design.
- Subparagraphs of Art. 33(1): a design that was publicly known or described in a printed publication before the filing, and a design similar to such a design
- Art. 33(2), subparagraph 1: a design that can be easily created from publicly known designs or a combination of them
- Art. 33(3): a design that is identical or similar to part of a design in another application that was filed earlier and published later in the Design Gazette
- Art. 46(1) and (2): earlier application
The Design Examination Guidelines of the Ministry of Intellectual Property also include these four among the grounds on which an application for registration of a partially-examined design is not rejected. [7] The Guidelines add part of Art. 35(1) and Art. 35(2), and list five grounds. [7]
By contrast, the following are examined in partial examination as well (Art. 62(2)). [1]
- The right to have a design registered (Art. 3(1))
- The case where a design registration cannot be obtained under Art. 27 (legal capacity of foreigners)
- Whether the design is industrially applicable (the part of Art. 33(1) with the exception of its subparagraphs)
- Whether the design can be easily created from a shape, pattern or color, or a combination of these, that is widely known in Korea or abroad (Art. 33(2), subparagraph 2)
- Unregistrable designs under Art. 34
- The case where a design registration cannot be obtained under Art. 37(4) or Arts. 39 to 42
- Violation of a treaty
If the application for registration of a partially-examined design is an application for registration of a related design, there are further grounds for rejection. These include the case where the design is not similar to the principal design, and the case where the application was filed more than 3 years after the filing date of the principal design (Art. 62(3)). [1]
In two cases, an application for registration of a partially-examined design is still rejected for lack of novelty
The first case is the furnishing of information. Any person can furnish information that a design in an application cannot be registered, together with evidence (Art. 55). [1] If information and evidence are furnished against an application for registration of a partially-examined design, the examiner can issue a decision of rejection on that basis (Art. 62(4)). [1]
The second case is an obvious ground for rejection. It covers an application for registration of a partially-examined design that obviously falls under one of the subparagraphs of Art. 33(1). It also covers an application that obviously cannot be registered under Art. 46(1) or (2). In these cases the examiner can issue a decision of rejection (Art. 62(5)). [1]
Article 62(5) was newly inserted on 27 May 2025 and came into force on 28 November 2025. [1] Article 2 of the Addenda (Act No. 20962) provides that the amending Act applies to design applications filed on or after its entry into force. [1] Article 62(5) does not apply to an application for registration of a partially-examined design filed on or before 27 November 2025. Article 62 of the previous version did not contain this paragraph. [6] The Addenda to the Design Examination Guidelines also provide that the revised Guidelines apply to design applications filed on or after 28 November 2025. [7]
The Design Examination Guidelines give examples of an obvious case. One is a new application for a design that is identical or similar to a design whose registration was cancelled in an opposition. [7] Another example is several applications by the same applicant for identical or similar designs. [7]
Registration of a partially-examined design is open to opposition after registration
Any person can file an opposition to the registration of a partially-examined design (Art. 68(1)). [1] The period runs from the date on which the grant of the design right is registered until 3 months after the date of publication of the registration of the partially-examined design. [1] The date of publication of the design registration is the date on which the Design Gazette for Registration is issued (Enforcement Rule, Art. 61(1)). [2]
The grounds for opposition include the requirements that were left out of examination. Article 68(1), subparagraph 2 lists violation of Arts. 33 to 35 and of Art. 46(1) and (2). [1] Under this structure, novelty and the earlier application rule are contested after registration.
A person who has received a notice concerning infringement of the design right has a separate period. That person can file an opposition until 3 months after the date of receiving the notice (Art. 68(1)). [1] However, once 1 year has passed from the date of publication of the registration of the partially-examined design, an opposition cannot be filed on this basis (same paragraph, proviso). [1]
The period for a person who has received a notice concerning infringement was created by the amendment that came into force on 28 November 2025. [1] Article 68(1) of the previous version had only the period of 3 months after the date of publication. [6]
This period applies to designs registered from design applications filed on or after 28 November 2025. Article 2 of the Addenda (Act No. 20962) provides that the amending Act applies to design applications filed on or after its entry into force. [1] The only provisions for which the same Addenda set a separate applicability provision are Art. 96-2 and Art. 100-2 (Addenda, Art. 3). [1] The Addenda to the Design Examination Guidelines, which revised the opposition procedure, also provide that they apply to design applications filed on or after the same date. [7]
The Design Examination Guidelines give examples of a person who has received a notice concerning infringement. One is a person notified of an infringement claim by the owner of the design right or its agent, by content-certified mail, a written warning, a complaint, an application for a provisional disposition (preliminary injunction) or the like. [7] Another example is a person who has received from an online platform a request for explanation, a notice or a warning about a report of infringement of a right. [7]
The procedure is as follows.
| Step | Content | Basis |
|---|---|---|
| Unit of the opposition | For designs registered from an application for registration of multiple designs (복수디자인등록출원), an opposition is filed for each design | Art. 68(1) |
| Opposition fee | KRW 50,000 per design | Fee Regulation, Art. 4(1), subparagraph 13 |
| Amendment of the grounds and evidence | Within 30 days from the date of the opposition. The Minister of Intellectual Property can extend the period only once, by up to 30 days, on request or ex officio | Art. 69, Art. 17(1) |
| Reply by the owner of the design right | A copy of the written opposition is served on the owner, who files a written reply within the period set | Art. 68(3) |
| Who examines | A panel of 3 examiners | Art. 70(1) |
| Where the opposition is well founded | Decision to cancel the registration of a design. When the decision becomes final, the design right is deemed never to have existed | Art. 73(3) and (4) |
| Challenge by the owner of the design right | Appeal within 3 months from the date on which the certified copy of the decision to cancel is served | Art. 120 |
| Challenge by the opponent | No challenge is possible against a decision to dismiss the request (각하결정) or a determination to dismiss the written opposition (기각결정) | Art. 73(6) |
The date of publication is determined differently for a secret design registered through partial examination. For a secret design, the article and its class, the drawings or photographs, and the description of the design are published in the Design Gazette for Registration after the designated period of confidentiality has ended (Enforcement Decree of the Design Protection Act (디자인보호법 시행령), Art. 10(2), proviso). [4] For an opposition, the date of publication of the design registration is deemed to be the date of issue of the Design Gazette for Registration in which the drawings or photographs and the description of the design are published (Enforcement Rule, Art. 61(2)). [2]
Status after registration
In the Design Protection Act, “design registration” refers to both registration of an examined design and registration of a partially-examined design (Art. 2, subparagraph 4). [1] The term is also the same. The design right arises on the date on which the grant of the right is registered and lasts until 20 years after the filing date of the application for design registration (Art. 91(1)). [1] However, a design right registered as a related design expires on the expiration date of the term of the design right of the principal design (same paragraph, proviso). [1]
A trial to invalidate design registration is available against both types of registration. An interested party or an examiner can request a trial to invalidate design registration on grounds such as violation of Arts. 33 to 35 or of Art. 46(1) and (2) (Art. 121(1)). [1] The trial can be requested even after the design right has lapsed (same Article, paragraph (2)). [1] A partially-examined registered design is subject to a trial to invalidate design registration even after the opposition period has passed.
The Design Gazette for Registration states whether the registration is registration of an examined design or registration of a partially-examined design (Enforcement Decree, Art. 10(2), subparagraph 3). [4] A third party can check in the gazette which type the registration is.
The presumption of negligence has a separate paragraph for partially-examined registered designs. It covers the owner of the design right, the exclusive licensee or the non-exclusive licensee of a partially-examined registered design. It covers the case where one of them has infringed another person’s design right in connection with that registered design or a design similar to it. In that case, the presumption of negligence in Art. 116(1) applies mutatis mutandis (Art. 116(2)). [1]
The procedure after a decision of rejection is the same for both types of application. A request for re-examination and an appeal against a decision of rejection must both be filed within 3 months from the date on which the certified copy of the decision of rejection is served (Art. 64(1), Art. 120). [1] Re-examination cannot be requested again against a decision of rejection issued in re-examination (Art. 64(1)). [1] Re-examination also cannot be requested after an appeal has been filed (same paragraph, proviso). [1]
The amended Design Protection Act (Act No. 21951), promulgated on 15 September 2026, comes into force on 16 March 2027. That amendment does not change the wording of the provisions cited in this article. [5]
Official fees differ in the application fee and in the registration fee from year 4
The application fee for an electronic application is KRW 94,000 per design for an application for registration of an examined design and KRW 45,000 per design for an application for registration of a partially-examined design (Fee Regulation, Art. 4(1), subparagraph 1). [3] For a paper-based application, the amounts are KRW 104,000 and KRW 55,000. [3] If the drawings are prepared with software not provided by the Ministry of Intellectual Property and the application is filed electronically, the amounts are KRW 99,000 and KRW 50,000 per case. [3]
The registration fee is the same through year 3 and differs from year 4 (Fee Regulation, attached Table 3). [3] For registration of an examined design, it rises with the year and is KRW 210,000 per year from year 13. [3] For registration of a partially-examined design, it is KRW 34,000 per year from year 4 to year 20. [3] The years of the registration fee are counted from the registration date of the design right. [3] To have the design right registered, the registration fee for three years is paid first (Design Protection Act, Art. 79(1)). [1]
The application fees and the opposition fee above were the same amounts in the Fee Regulation in force from 1 January 2025. [3] The amendment date shown at the head of attached Table 3 is 30 June 2014. [3]
Example: one design kept through year 10 after registration
The figures assume an electronic application and an applicant with no fee reduction. Agent fees, the priority claim fee and translation costs are not included.
| Item | Registration of an examined design | Registration of a partially-examined design |
|---|---|---|
| Application fee | KRW 94,000 | KRW 45,000 |
| Registration fee, years 1 to 3 | KRW 75,000 | KRW 75,000 |
| Registration fee, years 4 to 6 | KRW 105,000 | KRW 102,000 |
| Registration fee, years 7 to 9 | KRW 210,000 | KRW 102,000 |
| Registration fee, year 10 | KRW 140,000 | KRW 34,000 |
| Total | KRW 624,000 | KRW 358,000 |
The difference through year 10 is KRW 266,000. From year 13, the difference is KRW 176,000 per year.
What applicants should do
- In general, we suggest fixing the Locarno class of the article first, before filing. The class decides the procedure, the official fees and the risk after registration together.
- Even for an article subject to partial examination, we suggest a prior design search before filing. The examiner does not examine novelty, but novelty is contested in an opposition and in a trial to invalidate design registration.
- Before enforcing a partially-examined registered design, we suggest checking the novelty of that registration again. For applications filed on or after 28 November 2025, a notice concerning infringement opens an opposition period for the other party. That period opens only within 1 year from the date of publication of registration.
- If you are watching a competitor’s registrations of partially-examined designs, we suggest putting the period of 3 months after the date of publication of registration in your calendar. The opposition fee is KRW 50,000 per design.
- The class of the article and the response in an individual case should be confirmed with a Korean agent.
FAQ
Can the applicant choose between registration of an examined design and registration of a partially-examined design?
No. Article 37(4) of the Design Protection Act provides that articles in the seven classes are filed only as an application for registration of a partially-examined design. [1][2] All other articles are filed as an application for registration of an examined design.
Is a partially-examined design registered without examination?
No. Whether the design is industrially applicable is examined. Whether the design can be easily created from widely known shapes, etc. is also examined. Whether the design is an unregistrable design under Art. 34 is also examined (Art. 62(2)). [1] Novelty and the earlier application rule are in principle not examined. [1]
Can an application for registration of a partially-examined design be rejected for lack of novelty?
Yes. This happens where information and evidence under Art. 55 have been furnished (Art. 62(4)). [1] An application filed on or after 28 November 2025 can also be rejected where the lack of novelty or the violation of the earlier application rule is obvious (Art. 62(5)). [1]
If the opposition period is missed, is there no way to contest the registration of a partially-examined design?
There is the trial to invalidate design registration. An interested party or an examiner can request it even after the design right has lapsed (Art. 121(1) and (2)). [1]
Is the term of a partially-examined registered design shorter?
No, it is the same. The design right lasts until 20 years after the filing date of the application for design registration (Art. 91(1)). [1] This provision does not distinguish between registration of an examined design and registration of a partially-examined design. [1] The rule that the design right of a related design expires on the expiration date of the principal design is also the same for both types of registration. [1]
How DEFINE IP Law Firm handles this
When preparing a design application, DEFINE IP Law Firm first checks the Locarno class of the article. If the article is subject to partial examination, we look before filing for prior designs that could become an issue in an opposition or a trial to invalidate design registration. Before a partially-examined registered design is enforced, we review the validity of that registration again. For questions about the class of the article and the procedure for Korean design applications, please write to contact@defineip.kr.
Sources
- Design Protection Act (디자인보호법), Act No. 21065, current version in force from 28 November 2025. Articles 2, 17, 27, 33, 37, 46, 48, 55, 62, 64, 68, 69, 70, 73, 79, 91, 116, 120, 121, 186 and 193, Addenda (Act No. 20962, 27 May 2025) Arts. 1, 2 and 3. https://www.law.go.kr/법령/디자인보호법 (verified 9 October 2026)
- Enforcement Rule of the Design Protection Act (디자인보호법 시행규칙), Prime Ministerial Decree No. 2119, in force from 17 June 2026. Articles 38 and 61, Addenda (Ordinance of the Ministry of Trade, Industry and Energy No. 391, 28 August 2020) Art. 1, Article 38(3) of the version in force from 1 July 2020. https://www.law.go.kr/법령/디자인보호법시행규칙 (verified 9 October 2026)
- Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Prime Ministerial Decree No. 2098, in force from 27 February 2026. Article 4(1), subparagraphs 1, 7 (a), 7 (e) and 13, attached Table 3, Article 4 of the version in force from 1 January 2025 (Ordinance of the Ministry of Trade, Industry and Energy No. 592). https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
- Enforcement Decree of the Design Protection Act (디자인보호법 시행령), Presidential Decree No. 35874, in force from 28 November 2025. Article 10. https://www.law.go.kr/법령/디자인보호법시행령 (verified 9 October 2026)
- Design Protection Act (디자인보호법), Act No. 21951, promulgated on 15 September 2026, to come into force on 16 March 2027. The wording of the provisions cited in this article does not change. https://www.law.go.kr/법령/디자인보호법 (verified 9 October 2026)
- Design Protection Act (디자인보호법), Act No. 20692, in force from 22 July 2025 (before the amendment). Articles 62 and 68. Version history at https://www.law.go.kr/법령/디자인보호법 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), Design Examination Guidelines (디자인심사기준), MOIP Established Rule No. 4, in force from 28 November 2025. Part 2, Chapter 9, 2.2; Part 5, Chapter 9 (examination of applications for registration of a partially-examined design); Part 5, Chapter 10, 2.1; Addenda (28 November 2025). https://www.law.go.kr/행정규칙/디자인심사기준 (verified 9 October 2026)
- WIPO, Locarno Classification, LOC (15), version 20250101. Class headings of Classes 1, 2, 3, 5, 9, 11 and 19. https://locpub.wipo.int/enfr/?class_number=1&lang=en&menulang=en&mode=loc&version=20250101 (verified 9 October 2026)