Can the priority right of a Korean invention patent application be restored?

10 years

• Grant fee: The applicant should pay the annual fee for the first to third year within 3 months after receiving the notification of granted decision
• Annuity: Begin to pay year by year from the 4th year, overdue payment can be made within the 6-month grace period after the due date, but a penalty shall be paid, and the amount of the penalty shall not exceed twice the granted fee.

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 Once an examination request is made, it cannot be withdrawn, and KIPO conducts examination in the order in which the examination requests are filed.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

Korean Industrial Property Office

English: Korea Intellectual Property Office, abbreviation: KIPO

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

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

• via Paris Convention : 6 months from earliest priority date.
• Hague Agreement route: 6 months from earliest priority date.

2-3 years

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.

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