Guide for Korean Patent Application Process

Patent Trademark

South Korea Profile

South Korea, officially known as the Republic of Korea, is a sovereign country located in the southern part of the Korean Peninsula. It borders China to the west, Japan to the east, and North Korea to the north. Its capital and largest city is Seoul, with a population of 9.8 million. South Korea is a presidentialRead more

South Korea Profile

South Korea, officially known as the Republic of Korea, is a sovereign country located in the southern part of the Korean Peninsula. It borders China to the west, Japan to the east, and North Korea to the north. Its capital and largest city is Seoul, with a population of 9.8 million. South Korea is a presidential republic consisting of 17 administrative divisions and is a developed country with a high standard of living.

Korean Intellectual Property Legal System

  • "Patent Law"
  • Patent Law Enforcement Act
  • "Utility Model Law"
  • "Utility Model Law Enforcement Decree"
  • "Design Protection Act"
  • Design Law Enforcement Decree
  • "trademark law"
  • Trademark Law Enforcement Act
  • Unfair Competition Prevention and Trade Secret Protection Act
  • Act on the Implementation of the Unfair Competition Prevention and Trade Secret Protection Act
  • "Semiconductor Integrated Circuit Layout Design Act"
  • "Semiconductor Integrated Circuit Layout Design Act Enforcement Act"

International Organization/Agreement

  • "Convention Establishing the World Intellectual Property Organization"
  • Paris Convention for the Protection of Industrial Property
  • Patent Cooperation Treaty
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Agreement on Trade-Related Aspects of Intellectual Property Rights
  • Berne Convention for the Protection of Literary and Artistic Works
  • The Strasbourg Agreement on the International Patent Classification
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Trademark Law Treaty
  • International Convention for the Protection of New Varieties of Plants
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • WIPO Copyright Treaty
  • Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
  • Locarno Agreement Establishing an International Classification for Industrial Designs
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Filing Language
Korean

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Korean Industrial Property Office

English: Korea Intellectual Property Office, abbreviation: KIPO

Website: Korean Intellectual Property Office (kipo.go.kr)

Korean Invention Patent Search: Integrated Search < SEARCH - KIPRIS Patent Information searching service

  • The Korean patent application number is a new application number structure that has been enabled since January 1, 1999. The specific format is:
    • [patent type] + [4-digit AD year] + [7-digit serial number]
      • Among them, 10 means invention;
      • 20 means utility model”;
      • 30 means "industrial design";
      • 40 to 75 represent trademark applications;
      • If the first digit of the 7-digit serial number is "7", it means that the patent application type is: PCT patent application entering the Korean national phase.

Filing Language: Korean

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any):

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Korean Translation
  3. Viability Statement of Microorganism and Korean Translation 
  4. Power of Attorney
  5. Certified Priority Document and Korean Translation
  6. Declaration of Ownership/Certification of Employment/Assignment of priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.

 

Attachments (if any):

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry 
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Korean Translation
  6. Viability Statement of Microorganism and Korean Translation 
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of priority
  9. Assignment for Patent Right Transfer

20 years, and the protection can be extended to 25 years for pesticides or medicines.

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 31 months from earliest priority date.

KIPO conducts formality examination and substantive examination for invention applications. Only after the application documents meet the conditions of formality examination, KIPO will allot a filing number. Publication is completed within 18 months from the filing date/priority date. The applicant or the interested party shall file a substantive examination request no later than 5 years from the filing date. Once the request is made, it cannot be withdrawn.  KIPO conducts examination in the order in which the examination requests are filed. Patent applications that meet the requirements of the grant conditions will be granted.

If the following situations occur 12 months before the patent application/priority date by the inventor, applicant or assignee:

  • By correspondence, or publicly at national or international exhibitions.
  • Disclosure due to malicious disclosure by a third party.

    The novelty grace period can be enjoyed, and the applicant needs to submit corresponding evidence support when filing the application.

2-3 years

  • Grant fee: The applicant needs to pay the granted fee within 3 months after receipt of the notification of the granted and pay the annual fee for 1-3 years at the same time.
  • Annuity: The annuity is paid year by year starting from the 4th year from the filing date, and the amount of the annuity depends on the number of Claims. Annuity can also be paid in one lump sum. If overdue, it can be paid within the 6-month grace period after the due date, but an 18% penalty must be paid at the same time.

Restoration of priority will not be accepted.

No

Yes. The type of patent can be changed from Invention to Utility model within 30 days of receiving the grant/rejection decision, and the corresponding fee should be paid.