Korean Design Right vs. Patent: Looks, Function, or Both?

When launching a new product, one of the recurring questions is whether to protect it as a design or as a patent. Both are industrial property rights, but they protect fundamentally different things. A design covers appearance; a patent covers function and structure. The right product can therefore call for one, the other, or both at the same time. This article compares the two under Korean KIPO practice and the US USPTO benchmarks, and walks through GUI / screen design filings as a worked example.

What each right protects

KIPO's Design Overview defines a design as "the shape, pattern, color, or combination thereof of an article (including parts of an article and typefaces) that creates an aesthetic impression through the visual sense." In other words, a design protects appearance itself — how the article works or why it works is irrelevant.

A patent, in contrast, protects "a technical idea utilizing a law of nature." Through claim language it locks down how a product functions or is structured, regardless of looks. Two products that look identical but operate differently can fall outside or inside the same patent claim. The two regimes therefore protect the same product from completely different angles.

Term and fees — Korea vs the US

In Korea both rights run 20 years from the filing date (the 2014 amendment to the Design Protection Act extended the design term from 15 years from registration to 20 years from filing). Annuities are due each year — miss them and the right lapses — so aligning commercialization milestones with the right's expiry matters for both regimes.

The US splits the two more sharply. Per USPTO guidance, a design patent runs 15 years from grant, while a utility patent runs 20 years from filing. Critically, design patents have no maintenance fees, while utility patents require fees at 3.5, 7.5, and 11.5 years post-grant. Don't assume the Korean math holds in the US.

Can the same product be filed as both?

Yes — when a product has both a new appearance and a new function or structure, both rights can be filed in parallel. A "new vacuum-cleaner head" is the canonical example: a design covers the head's looks while a patent covers its suction mechanism. The two rights protect different facets and complement rather than overlap.

When a design fits better

• Appearance is the core differentiator — furniture, household goods, beauty packaging, apparel
• Function is commonplace but the look is new — patents would struggle, designs can land
• Fast registration is needed (partial-exam designs grant in 4-6 months)
• GUI / icon / screen designs — best protected via the Design Protection Act

When a patent fits better

• Function, structure, or operation is the moat — mechanical parts, semiconductors, biotech
• Looks are commodity but the workings are new — design rights would be too narrow
• You need to keep the right while changing the look — patents are appearance-agnostic
• Licensing, standards, and patent pools matter — patents carry the right kind of authority

Screen designs (GUI / UI / UX)

A frequently asked question is whether a mobile app screen or a software UI can be protected as a design. KIPO's position is that a screen design itself lacks article-ness and cannot stand alone, but once it is shown applied to an article like a phone, monitor, or TV, it can be registered as a design. Drawings depict the article-plus-screen state.

To protect a payment app's success screen, for example, you file six-view or perspective drawings of "a phone showing the payment-success GUI." Animated transitions can also be drawn under certain conditions, frame by frame.

Frequently asked questions

Can I file a patent on the same product after the design is already registered?

Possible in principle, but registering the design publishes the appearance, which can become prior art against your own later patent and block its grant. If you plan to use both, file them at the same time. The 12-month self-publication exception is available but adds extra procedure and risk.

What's the difference between partial examination and full examination for designs?

For certain article classes (mostly fast-cycle goods like apparel and accessories), Korea offers a partial-examination registration that grants without a substantive novelty / creativity check — fast (4-6 months) but more vulnerable to invalidation. Other classes go through full examination, slower (12-18 months) but more stable post-grant.

How do I extend a Korean design abroad?

The most efficient route is the Hague System for international design registration. A single application can target 100+ jurisdictions and claim the Korean filing date as priority. The US, China, Japan, and the EU are all Hague members, so most clients pair their Korean design filing with a Hague entry within six months.