• Patent fees

Fees associated with PCT national phase entry in South Korea as well as other patent fees are available in the fee calculator.

• Deadline for PCT national phase entry in South Korea

The time limit for the PCT national phase entry in Korea is 31 months from the date of priority. This term cannot be extended.

• Filing requirements in South Korea

The official language of PCT national phase registration is Korean. The national phase application in Korea should include the Korean translation of the full specification. However, the Korean translation may be later submitted within 32 months of the priority date with payment of the applicable fee.

For obtainment of the date of filing a patent application in Korea based on the PCT should contain at least a copy of the International Application.

A scanned copy of the original Power of Attorney should be submitted at the time of PCT national phase entry in Korea. Late submission of the POA is possible if accompanied by the corresponding surcharge.

• Examination of a PCT national phase patent application in South Korea

Patent applications in Korea undergo formal and substantive examinations. A request for the substantive examination should be made within three years from the international filing date. It is possible to request an accelerated examination under PPH.  

• Novelty grace period

If the PCT application is filed within 12 months from any disclosures to public by the applicant, such disclosure does not disprove the novelty of an invention. However, the fact of disclosure (including the cause and the date of disclosure) and the supporting materials should be submitted within 30 days from 31 months of the priority 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. Annual maintenance fee depends on the number of claims. It is possible to pay the annuities in an accumulated manner. Late payment may be made within a grace period of six months after expiry of the initial period for payment together with the surcharge. 

• Duration of registration procedure

It takes approximately 2-2.5 years from filing to grant of a patent in South 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 PCT national phase entry 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.