Since July 1, 1999, utility model applications are registered without substantive examination in Korea. At the same time, it became possible to apply for both a patent and a utility model registration to protect one and the same invention. When a patent is registered after substantive examination and payment of fees, the utility model registration shall become abandoned.
One problem in this "double application" for patent and utility model was that the unity of invention for utility model application is not the same as that of patent application. Only one independent claim is allowed per application for one utility model application. The new law allows a utility model registration applicant to include two or more independent claims.
However, method claims are not allowed in a utility model application as before. (The Utility Model Act. Art. 10)
This provision took effect as of February 3, 2001.