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

2-3 years

KIPO conducts formality examination and substantive examination of utility model patent applications, but only needs to meet the standards of novelty and practicality, and does not require inventive step.

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 Once an examination request is made, it cannot be withdrawn, and KIPO conducts examination in the order in which the examination requests are filed.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.

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 submitting the application.

20 years

1-2 years

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

Restoration of priority will not be accepted.

A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.