• Patent fees

Fees associated with filing patent applications in South Korea, as well as other patent fees, are available in the fee calculator.

• Term for filing a patent application in South Korea

The term for filing patent application in South Korea claiming priority is 12 months from the date of priority. The restoration of the priority right is not possible in South Korea.

• Filing requirements in South Korea

The official language of a patent registration in Korea is Korean. The application may be filed in English; however, its translation into Korean should be submitted within 14 months from the earliest priority date.

For obtainment of the date of filing, a complete specification, claims and/or drawings (if any) should be submitted at the time when a patent application is filed.

If priority is claimed, a copy of the Priority Document is required to be furnished within 16 months from the date of filing the application of which priority is claimed. In case the priority is claimed by an application filed in Japan, EPO, USA, China or other countries which agreed with Korea to exchange the priority document through DAS (Digital Access System), submission of the priority document could be exempted.

A scanned copy of the Power of Attorney should be submitted at the time of filing the Korean patent application. Late submission of this document is possible provided the corresponding late submission surcharge is paid. Official legalisation of the POA is not required.

• Examination of a South Korean patent application

Patent applications in Korea undergo formal and substantive examination. The substantive examination must be requested within 3 years from the date of filing a patent application in Korea if filed on or after March 1, 2017; or within 5 years when the application was filed on or before February 28, 2017. It is possible to request an accelerated examination under PPH.

• Novelty grace period

In Korea, the disclosure of an invention will not disprove its novelty if the disclosure occurs within one year prior to the filing date of the patent application, or where applicable, the recognized priority. Said disclosure would be by the inventor, applicant or their assignees via any means of communication or by displaying the invention at a national or international exhibition or against the will of the parties set forth above. On filing the application the corresponding substantiating must be provided. Supporting materials should be submitted within 30 days from the filing date.

• Grant, validity term and maintenance fees

Patents in Korea are valid for 20 years from the date of filing. Annual maintenance fees for the first three years must be paid within 3 months from receipt of the Notice of Allowance together with the grant fee. All subsequent annual fees are paid before the anniversary of the registration date. Annuities for the first 3 years are also counted from the registration date since no maintenance fees are incurred during pendency in Korea. Late payment is possible within 6 months after expiry of the initial period for payment and is subject to a surcharge. Annual maintenance fee depends on the number of claims. It is possible to pay the annuities in an accumulated manner.

• Duration of registration procedure

It takes an average of between 2-2.5 years from filing to granting of a patent in Korea.

• Utility Model

It is possible to obtain utility model protection in Korea. Applications undergo formal and substantive examinations. The validity term of a utility model in Korea is 10 years from the date of filing, which is non-renewable. There is no limit to the number of independent/dependent claims that may be registered as Utility Model in the Republic of Korea.

• Representation by a patent attorney

For foreign applicants, it is necessary to perform patent prosecution in Korea through an attorney or agent registered in Korea.

•  Note

Online database for Korean Patents and Utility Models.

Brief summary is based on the information provided by JEONG, KIM & LEE IP LAW FIRM on 05.03.2024
Please contact us if the above information is not in conformity with South Korean IP Laws.