HomeIP-GuideRepublic of Korea General informationInvention (Paris Convention) Republic of Korea
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    South Korean won (KRW)

Patent in South Korea (non-PCT)

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  • Patent fees

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

  • The term for filing 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.

  • Minimum of filing documents in Korea

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.

  • Language of the South Korea patent application

The official language of patent registration is Korean. The patent application may be filed in English. However, the Korean translation should be filed within 14 months from the earliest priority date.

  • Priority document

A copy of the priority document should be provided 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. 

  • Power of Attorney requirements

The Power of Attorney should be submitted simultaneously with the filing of the patent application in the Republic of Korea. Otherwise, the late submission charges will be incurred. Official legalisation is not required.

  • Substantive examination request

The substantive examination has to be requested and the corresponding official fee has to be paid within five years from the filing date of the patent application in South Korea when the application was filed on or before February 28, 2017; or within three years from the filing date of the patent application in South Korea when the application was filed on or after March 1, 2017.

  • Grace period

If the South Korean patent 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) should be indicated on the application papers, and the supporting materials should also be submitted within 30 days.

  • Grant and patent maintenance

The official grant fee for the patent in South Korea should be paid within three months from receiving the Notice of Allowance. A patentee has to pay annuities from 4th year after a patent is registered.

  • Representation by a patent attorney

Foreigners must perform the patent prosecution in South Korea through a registered Korean patent attorney.

  •  Notes

1. Online database for Korean Patents and Utility Models.
2. Inventions may also be protected as Utility Models in the Republic of Korea, which are subject to formal and substantive examinations. Processes are not protectable. Maximum protection period of a utility model in the Republic of Korea is ten years from the date of filing. There is no limit to the number of independent/dependent claims that may be registered as Utility Model in the Republic of Korea.

Brief summary is based on the information provided by Jeong & Park on 24.01.2019
Please contact us if the above information contains any discrepancies with South Korean IP Laws.