The Eligibility Criteria for Patent Filing in South Korea
Any applicant listed on the PCT application may enter the national phase in Korea. This includes:
- Individual inventors
- Corporations and multinational entities
- Foreign applicants with no Korean presence
- Universities & research institutions
- Assignees or successors in title
Foreign applicants are fully eligible; however, Korea requires a local address for service. Practically, this means appointing a Korean patent attorney to communicate with KIPO, receive notices, and manage formalities.
If the applicant is not the inventor or differs from the PCT applicant, supporting entitlement documents (such as assignment agreements) may be requested by KIPO.
South Korea generally accepts simple signed copies of POAs, declarations, or assignments. Notarization, apostille, or consular legalization is not typically required for routine national phase entry unless KIPO raises concerns.
Absolute Deadline for Patent Filing in South Korea(30/31-Month Rule)
South Korea applies the 31-month rule.
The deadline to enter the national phase is:
- 31 months from the priority date, OR
- 31 months from the PCT international filing date if no priority is claimed.
This entry must include filing the national phase request and paying the basic filing fee.
Extension After Expiry of the Deadline
Unlike some jurisdictions, South Korea does NOT provide a general extension for PCT national phase filing.
If the 31-month deadline is missed, rights are lost, and reinstatement is not normally available. Therefore, timely instruction and early preparation—especially for translation—are critical for preserving rights in this major jurisdiction.
Filing Language used for the South Korea Patent Application
The official language for the National Phase Filing is Korean.
If the PCT application was filed in a language other than Korean, a full Korean translation of the following must be submitted:
Under Korean law, the translation must be provided no later than two years and seven months from the priority date, or by the time the request for substantive examination is filed, whichever is earlier.
For accuracy and enforceability, the Korean translation forms the legally controlling text.
Essential Documents for Patent Filing In South Korea
South Korea’s requirements for PCT national phase entry are structured but straightforward. The following documentation is required:
- National Phase Entry Request: Filed with KIPO and accompanied by the national filing fee.
- Korean Translation: Required for all non-Korean PCT filings. Must include full specification, claims, abstract, and drawing text.
- Power of Attorney (POA): A simple signed copy is typically sufficient. No notarization or legalization is required for standard cases.
- Assignment / Proof of Right: If the applicant differs from the PCT applicant or inventor, submission of a signed assignment or proof of transfer may be required. A simple copy is generally adequate.
- PCT Application Details: KIPO retrieves the international publication automatically, but bibliographic data and amendments (Art. 19/34) must be identified.
- Fees: Filing and examination fees must be paid within statutory periods.
Korea Patent Search and Examination Procedure
South Korea is a full substantive examination jurisdiction. Unlike automatic-examination systems, applicants must specifically request an examination.
KIPO conducts:
- Prior art searches (domestic + international)
- Novelty assessment/ Patentability Search
- Inventive step evaluation
- Industrial applicability review
- Clarity and support checks
- Added matter and formal requirements review
Because of the technical sophistication of Korean examiners, carefully prepared claims and accurate translations significantly increase the success rate and reduce office actions.
Examination Process and Office Actions
During examination, KIPO may issue a Notification of Reasons for Rejection, the Korean equivalent of an office action. This may address:
- Lack of novelty
- Inventive step challenges
- Insufficient disclosure
- Clarity or support problems
- Unallowable amendments
- Added matter
- Incorrect translation
- Unpatentable subject matter
Applicants must respond within the prescribed deadline, usually by submitting arguments, amendments, or supporting technical evidence. Multiple rounds of office actions may occur during the examination process.
Deadline for Request for Examination
A request for examination must be filed:
- Within 31 months from the first priority date.
In practice, many applicants file the examination request upon national phase entry to prevent missing the deadline and to expedite prosecution.
Failure to request examination within the deadline results in the deemed withdrawal of the application.
Publication Process and Legal Impact
After national phase entry, the Korean application becomes publicly accessible when KIPO publishes it in the Korean Patent Gazette. Publication discloses the invention and claim scope to the public.
Publication provides:
- Public notice of your claims
- Basis for defensive prior art against competitors
- Early visibility for licensing discussions
- Increased deterrence against potential infringers and reduced Patent Infringement
However, enforceable rights arise only after a grant. Unlike some jurisdictions, Korea does not generally grant provisional litigation rights based solely on publication.
Grant Process and Enforceability
Once the examiner’s objections are resolved, the application proceeds to grant. The applicant must pay registration fees covering years 1–3 of the patent term.
A granted Korean patent is a strong enforcement tool. The owner may:
- Seek injunctions
- Claim damages
- Request destruction of infringing goods
- Initiate border control measures
- License or assign rights
- Undertake litigation in Korean courts
Korea has an advanced IP enforcement ecosystem with specialized judges, technical expertise, and strong remedies—making a Korean patent a highly valuable commercial asset.
Validity Term
A Korean invention patent is valid for:
- 20 years from the date of international (PCT) filing.
Certain pharmaceutical or agrochemical inventions may be eligible for Patent Term Extension (PTE) due to regulatory delays.
Typical Time to Get a Patent
Typical timelines vary based on technology and office workload. On average:
- 3–5 years from national phase entry to grant
- Expedited programs may reduce this timeline significantly
The timeline depends on translation accuracy, the quality of original claims, the complexity of the invention, amendments, and the number of office actions.
Annuities and Maintenance Procedure
Korea requires annual maintenance fees to keep patents in force.
Key rules:
- Upon grant, registration fees for years 1–3 must be paid up front.
- Annual fees for years 4–20 are paid yearly.
- Fees increase in later years and may include per-claim surcharges.
- An additional six-month grace period is available with payment of a surcharge..
Failure to pay results in the loss of rights.
Official Government Fees for Korea Patent Filing (KIPO)
(All amounts in Korean Won – KRW. Fees may vary depending on claim count, pages, and official revisions.)
15.1 Filing / National Phase Entry Fees (All Applicant Types)
| Fee Item | Amount (KRW) | Notes |
| National Phase Filing (basic) | £46,000 | Electronic filing |
| Priority Claim Fee (per claim) | 18,000 | If priority is claimed |
| Excess Claims (examination stage) | 51,000 per claim | Charged at exam request |
| Translation costs | Varies | Not an official fee; depends on document length |
15.2 Examination Fees
| Fee Item | Amount (KRW) | Notes |
| Examination Request (basic) | 166,000 | Required within 31 months |
| Additional Examination Fee (per claim) | 51,000 | Applies to each claim |
15.3 Grant / Registration Fees
| Fee Item | Amount (KRW) | Notes |
| Initial Registration Fee (Years 1–3) | Fixed | Covers the first three years |
| Surcharge for Large Claim Sets | Variable | Claim-based surcharges may apply |
15.4 Annual Maintenance Fees
| Patent Year | Annual Fee (KRW) |
| 4-6 | Approximately 36,000 per year |
| 7-9 | Approximately 90,000 per year |
| 10-12 | Approximately 216,000 per year |
| 13-15 | Approximately 324,000 per year |
| 16-20 | Increasing annually (tiered structure) |
Fees increase in higher years and depend on the total number of claims.
Utility Model Protection in South Korea
South Korea offers Utility Model protection for inventions that may not meet the inventive-step threshold of patents but still provide technical value. Key features include:
- Shorter examination procedure
- Lower official fees
- Generally suited for mechanical or incremental improvements
- Shorter term than patents
Utility models can be a valuable complement in fast-moving industries
Korea Official Patent Office and Website
Korean Intellectual Property Office (KIPO): Korea Patent Office
