Korean Design: Partial Examination vs Full Examination — Which Track?

Korea runs two examination tracks for design applications that most other jurisdictions don't have. The partial-examination registration path checks only formalities and basic requirements for certain article classes, granting fast; the full-examination registration path adds substantive novelty and creativity review. The choice between the two changes time-to-grant, post-grant stability, and the opposition window — and the choice has to be made at filing.

Why the system exists

The partial track was introduced in 1998 under the name "examination-free registration" to serve fast-cycle industries like fashion and consumer goods, where waiting 12-18 months would mean the season is already over by grant. A 2014 amendment renamed the track "partial examination" to clarify that formalities and basic checks are still performed.

Track-by-track comparison

The seven Locarno classes eligible for partial examination

Per KIPO, the partial track applies only to seven Locarno classes typical of trend-driven, short-life-cycle goods.

• Class 1: foods (processed foods, snacks, beverage containers)
• Class 2: clothing and haberdashery (apparel, hats, footwear, belts)
• Class 3: travel goods and personal items (bags, wallets, umbrellas)
• Class 5: textile piece-goods, sheet materials (fabrics, wallpapers)
• Class 9: packaging containers (boxes, bottles, packaging)
• Class 11: jewelry and accessories (precious metals, watches)
• Class 19: stationery and office supplies, art materials, teaching materials

Partial examination — process and timing

A partial-examination filing skips the substantive novelty and creativity review and proceeds straight to grant once formalities (document compliance, drawing clarity) and basic requirements (no public-order issues, no identical earlier filing) are confirmed. Average time from filing to grant is 4-6 months — fast enough to align with seasonal product launches.

Full examination — process and timing

Full examination follows a flow similar to patents: filing → formality check → substantive novelty/creativity review → office action (if any) → grant. With no office action, expect about 12-18 months. Examiners search KIPRIS and overseas databases for prior designs, so the drawings and description filed at the start materially affect outcome.

Choosing a track

Three axes drive the decision: product life-cycle, article class, and stability priority. If the article is in one of the seven partial-eligible classes, you have a choice; otherwise full examination is automatic. Seasonal fashion accessories with a six-month enforcement window favor partial; long-life products like furniture or electronics that you'll license or litigate over benefit from full examination's stability.

• Partial fits: seasonal fashion / consumer goods (classes 2, 3, 11), 6-month time-to-market, primary goal is stopping copies via injunctive relief
• Full fits: furniture / electronics / industrial goods with 5+ year life, designs you'll license or assign, designs likely to be litigated

Opposition after partial-examination grant

Within three months of the registration gazette, anyone can file an opposition against a partial-examination registration. The window is the system's safety valve — it lets the public retest stability for designs that skipped substantive review. Miss the three months and your remedy is invalidation, which is slower and more expensive — so gazette monitoring is mandatory if a key competitor uses the partial track.

Frequently asked questions

Can I use the partial track for an article class outside the seven?

No. Partial examination is limited to Locarno classes 1, 2, 3, 5, 9, 11, and 19. Other classes go through full examination automatically. If you need to speed up a full-track case, look at the design accelerated examination scheme.

Can a partial-examination registration be "upgraded" to full?

Track conversion after grant is not allowed. To strengthen a partial-examination right, one option is to file the same design through full examination later, but your own earlier filing becomes prior art — you'd need a self-publication exception (within 12 months) and other procedure. The clean answer is to choose full examination at the outset for core designs.

Can related-design filings use the partial track?

Related-design filings follow the parent design's track. If the parent went through partial examination, related designs go through partial; if the parent went through full, related designs go through full. If the parent's article class is outside the seven partial-eligible classes, related designs must use full examination.