South Korea

A Korean invention patent application typically requires: application form, specification, claims, drawings (if applicable), abstract, and priority documents when claiming priority. A power of attorney is required if using an agent. The official filing language for Korean patent applications is Korean. For PCT national phase entry, a Korean translation must be submitted within the statutory deadline. The most common issues for applicants are not missing the specification itself, but: - Priority documents and Korean translations not being complete and timely - Korean translations for PCT entry being inaccurate or incomplete - Failing to separately file a request for examination within the deadline

Source: KIPO patent application procedure page; WIPO PCT Applicant's Guide (KR)

The standard term for a Korean invention patent is 20 years from the filing date. For specific cases (such as pharmaceuticals and agrochemicals that require extended regulatory approval), Korea has mechanisms for patent term extension/adjustment. Whether these apply, and to what extent, depends on the specific patent type and regulatory pathway — not all patents qualify.

Source: KIPO official website; Korean Patent Act

**Paris Convention route:** If claiming Paris Convention priority, Korean applications typically must be filed within 12 months of the priority filing date. Priority documents can generally be submitted within 16 months of the priority date; missing this deadline invalidates the priority claim. **PCT route:** The national phase entry deadline for Korea is typically 31 months from the priority date. The WIPO PCT Applicant's Guide explicitly notes that Korea does not allow restoration of rights under PCT Rule 49.6, so the ability to recover from a missed PCT entry deadline is extremely limited.

Source: WIPO PCT Applicant's Guide (KR); KIPO patent procedure page

The typical Korean invention patent process: 1. **File application** — Submit complete documents to KIPO 2. **Formal examination** — KIPO checks completeness; deficiency notices issued if needed 3. **Publication** — Typically 18 months after the filing/priority date; early publication can be requested 4. **Request for examination** — Must be actively filed by the applicant or interested party within the statutory deadline (does not happen automatically) 5. **Substantive examination** — KIPO examiner reviews novelty, inventive step, and other requirements 6. **Office action response** — Applicant may respond and amend within specified timeframes 7. **Grant or rejection** — Passes examination = grant; failed = appeal or litigation options 8. **Registration & annuities** — Upon grant, pay registration fee and first annuity batch (years 1–3); continue annually thereafter **Key point:** The request for examination must be filed separately — this is the step applicants most commonly miss. For standard Korean filings, the deadline is typically 5 years from the filing date; for PCT national phase entries, it is typically 3 years from the international filing date.

Source: KIPO patent examination procedure page; WIPO PCT Applicant's Guide (KR)

Korea's patent system includes a novelty grace period, commonly cited as approximately 6 months in WIPO's summary of Korean law. However, this should not be treated as a safety net for public disclosure before filing. Whether the grace period applies depends on the reason for disclosure, timing, and whether the required declaration and supporting documents are properly filed. **OpenPTO note:** If your technology has already appeared at trade shows, in publications, in client communications, or in public content, do not assume the grace period will cover you. Confirm eligibility before filing.

Source: WIPO country IP profiles; KIPO patent procedure documentation

Korean examination timelines vary significantly by technology field, when the examination request is filed, and whether accelerated examination is requested — so a single average figure is not meaningful. KIPO is one of the more efficient patent offices globally. More useful factors to consider: - Whether the examination request was filed promptly (determines queue entry) - Whether a first office action is expected - Whether multiple rounds of responses are needed - Whether PPH or other accelerated examination was requested KIPO participates in the Patent Prosecution Highway (PPH) program with multiple major patent offices, which can significantly shorten examination when applicable.

Source: KIPO official publications; WIPO PCT Applicant's Guide (KR)

Upon grant of a Korean patent, the registration fee and first annuity batch (years 1–3) must be paid together in the initial registration stage. KIPO's official FAQ clarifies that the initial registration fee covers the first three years, with the registration date serving as the baseline for subsequent annual fees. KIPO's published fee table breaks annuities into multiple bands (years 1–3, 4–6, 7–9, 10–12, 13–15, 16–25), using a "base fee + per-claim additional fee" structure. **Reference official fees (subject to KIPO's current published schedule):** - Electronic filing fee for invention: KRW 46,000 - Examination request base fee: KRW 166,000 (plus per-claim fee) - Years 1–3 annuity base fee: KRW 13,000 (plus per-claim fee) **OpenPTO note:** Annuities are not something to think about long after grant. The first batch is due at the point of registration, and costs accumulate annually. The more claims you have, the higher the add-on fees — budget for both grant and ongoing annuity management together.

Source: KIPO official fee schedule; KIPO official FAQ

Priority restoration in Korea requires caution. For standard Paris Convention routes, whether late recovery is possible depends on the specific circumstances and applicable procedure. For PCT routes, the WIPO PCT Applicant's Guide explicitly states that Korea does not allow restoration of rights under PCT Rule 49.6. **OpenPTO note:** If a Korean priority deadline has been approached or missed, do not assume restoration is available. The options differ significantly between Paris and PCT routes — confirm based on your specific pathway.

Source: WIPO PCT Applicant's Guide (KR) — National Phase Entry

Korea supports WIPO DAS (Digital Access Service for Priority Documents). The WIPO PCT Applicant's Guide (KR) explicitly states that the Korean Office allows national applications to enter WIPO DAS. This means that when conditions are met, priority documents from Korean applications can be retrieved via DAS without requiring paper or certified copies each time. This is a practical advantage for applicants claiming priority across multiple jurisdictions who want to reduce document logistics.

Source: WIPO PCT Applicant's Guide (KR) — DAS section; WIPO DAS official page

Korean law allows conversion between invention patents and utility models. The WIPO PCT Applicant's Guide explicitly notes that PCT national phase applications in Korea can be converted between patent and utility model under certain conditions, typically tied to specific deadlines after a rejection decision. KIPO's fee schedule also includes the relevant conversion fees. **OpenPTO note:** Conversion should not be treated as a default action, but rather as a tool to evaluate based on the specifics of each case during examination.

Source: WIPO PCT Applicant's Guide (KR); KIPO fee schedule

Korean invention patents do not automatically enter substantive examination. The applicant or an interested party must actively file a request for examination within the statutory deadline; otherwise, the application is deemed withdrawn. - **Standard Korean applications:** Request for examination must typically be filed within 5 years of the filing date - **PCT national phase applications in Korea:** Request for examination must typically be filed within 3 years of the international filing date The examination request fee is calculated based on the number of claims.

Source: KIPO patent procedure page; WIPO PCT Applicant's Guide (KR)

KIPO offers priority examination for qualifying applications, including cases where the application has been granted or received a positive outcome in another country (PPH route), as well as cases involving specific technology fields or circumstances. The Patent Prosecution Highway (PPH) is one of the most commonly used accelerated examination pathways. KIPO has bilateral PPH agreements with most major patent offices. When a positive examination result exists in another jurisdiction, PPH can substantially reduce Korean examination time.

Source: KIPO accelerated examination procedures page