- Name, residence and nationality of applicant and inventor
General procedure after filing
- Priority date, priority document and country in which a corresponding application generating the right of priority
is filed, if applicable
- Specification including an abstract, claim(s) and drawing(s) to be used for translation into Korean
- Power of Attorney duly signed by applicant(can be filed after application)
- PCT filing information/PCT publication number, if applicable
Filing -> Formality examination-> Substantive examination -> Office
Action -> Amendment/Response -> Decision/Refusal
A patent application will be taken up for substantive examination only if a request is filed either by the applicant or by any interested party within 5 years from the filing date. If no request for the substantive examination is filed within this five year period, the patent application is deemed to have been withdrawn. Generally, it takes 12~14 months to the results of the substantive examination from the filing date of the request for the substantive examination.
Laying open of Publication for Public Inspection
- A patent applications will be automatically laid-open in the official gazette after 18 months from the filing date in
Accelerated substantive examination
Korea or, if the right of priority is claimed from an earlier foreign filing, from the priority date.
- The laid-open publication may be made upon the request of the applicant, prior to the 18 months period.
This will provide an earlier protection to a patent application which is being infringed.
- Once a patent application has been laid-open, any documents relating to the application are made available
for public inspection. Any person may submit to the Commissioner of KIPO information relevant to the
patentability of the invention concerned together with any supporting evidence.
In case it is considered that an invention has been commercially worked by a person who is not the applicant, after his application has been laid-open or in case the application is one of the kinds of applications stipulated in the Presidential decree and regarded as urgent, the applicant may file a request for the accelerated substantive examination.
When a patent applicant receives a notice of decision to grant a patent he should pay, as a registration fee, the first 3 years' annuities within 3 months from the date of receipt of such notice.
Appeal and Trial
- The applicant may lodge an appeal against the examiner's final rejection within 30 days from the date of
※ Detailed Application Prodedure for Patents and Utilily models
receipt of the notice of final rejection.
- Any party which doubts the validity of a right may request a trial for invalidation of patent.
- Such appeal and trial procedure are conducted in the Industrial Property Tribunal in KIPO.
The Industrial Property Tribunal's decision may be appealed to the Patent Court. An appeal against the Patent
Court's decision may be reviewed by the Supreme Court.