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Patent Filing in South Korea

South Korea is a member of the Patent co-operation Treaty and Paris Convention. Patent applications can be filed in South Korea through the PCT route or by filing directly as a conventional application.

Term of the Patent: 20 years from the filing date

Patent Office: Korean Industrial Property Office (KIPO)

 

Paradigm to obtain a patent in South Korea:-
  • Patent Filing
  • Preliminary examination
  • Publication
  • Substantive Examination
  • First office action
  • Compliance with the Office action either with written statement or hearing
  • Acceptance(notice of allowance) or rejection
  • registration fees
  • Renewal fee is payable from the 5th year
Documents required for filing of Patent Application in South Korea

1.PCT National phase application

  • WIPO Publication
  • International Search Report
  • International Preliminary Examination Report
  • Korean translation of the specification
  • Declaration of inventorship (notarization is not required)
  • Power of Attorney

2.Convention Application under Paris Convention

  • Complete specification
  • Set of formal drawings if applicable.
  • Abstract
  • Korean translation of the specification
  • Certified copy of priority document
  • Korean translation of the priority documents
  • Power of Attorney
Remarks:
  • Korean translation should be filed at the time of filing, no extension is available
  • The Korean patent office accepts faxed or scanned copies of documents unlike in most countries where the signed forms from the applicant are required
  • Timeline for entry into National phase in South Korea is 31 months
  • Timeline for filing a conventional application in South Korea is 12 months