◎ Specification of the patent application

◎ Scanned copy of the power of attorney

◎ Scanned copy of the priority document or DAS code (only for direct filing), if available

◎ Scanned copy of deed of assignment, if available

◎ Related information of applicants and inventors

◎ File directly under the Paris Convention within 12 months from the earliest priority date;

◎ File via PCT national phase entry within 31 months from the earliest priority date.

The official language for Korean patents is Korean. If the original submission is made first, a Korean translation must be provided within one month of entry by paying additional official fees.

◎ Patent Prosecution Highway (PPH)

When a corresponding application of a Korean patent receives a favorable search report from a patent office recognized by KIPO, and when the claims of the two applications fully correspond, applicants can request accelerated examination of their application by the KIPO without the need to pay additional fees.

Based on our experience, the first office action is typically received within 2-3 months after filing a PPH request, and the overall process from PPH request to final disposition takes approximately 6-12 months.

◎ Patent Prioritized Examination

1) Where it is found that any person, other than the patent applicant, is practicing for business purposes the invention claimed in the patent application after it is laid open under article 64 of the kpa;

2) Patent applications directly related to green technology under the framework act on carbon neutrality and green growth for coping with climate crisis;international patent applications on which kipo conducts international search, as an isa under the pct;

3) Patent applications utilizing technologies related to the fourth industrial revolution, such as artificial intelligence (ai) and the internet of things (iot);

4) International patent applications on which kipo conducts international search, as an isa under the pct, pursuant to article 198-2 of the kpa;patent applications under which an invention is being practiced, or being prepared to be practiced, by the patent applicant;

5) Patent applications under which an invention is being practiced, or being prepared to be practiced, by the patent applicant;

6) Patent applications in which a person who intends to file an application for an expedited examination requested a specialized agency, designated and publicly notified as a specialized agency for search and classification, to conduct a prior art search with respect to the invention described in the patent application, and has requested the specialized agency to notify the commissioner of kipo of the search results;

7) Patent applications filed by any of the following persons:

a) A person aged 65 years or older; or

b) A person whose health problem is likely to incapacitate him or her from following the procedure relating to a patent until a decision is rendered as to whether to grant a patent or to reject a patent application, unless it undergoes expedited examination.

◎ Others

For applications that do not meet the above conditions, we offer additional strategies to expedite the process for the clients, including requesting for substantive examination at the time of filing, early publication, internal acceleration for translation and office action responses. These measures are tailored to ensure the quickest processing time and to secure the maximum benefits for our clients.

Normally an invention cannot be patented if it is publicly known before a patent application has been filed as it is deemed to lack novelty.

However, Article 30 of the Patent Act allows the publishing of the details of the invention on the Internet, in newspapers, and so on in the six months prior to filing the application without jeopardizing the novelty of the patent. In such cases, we can file a written statement (explaining the purpose of publishing the invention) and, within 30 days of the application date, submit a document that confirms the relevant facts of the publicity.

Yes, a utility model may convert to a patent application within the scope of matters stated in the description or drawing(s) originally attached to the utility model application, within 30 days from receiving certified copy of the initial decision to refuse registration.

◎ Specification of the utility model application

◎ Scanned copy of the power of attorney

◎ Scanned copy of the priority document or DAS code (only for direct filing), if available

◎ Scanned copy of deed of assignment, if available

◎ Related information of applicants and inventors

◎ File directly under the Paris Convention within 12 months from the earliest priority date;

◎ File via PCT national phase entry within 31 months from the earliest priority date.

The official language for Korean patents is Korean. If the original submission is made first, a Korean translation must be provided within one month of entry by paying additional official fees.

Normally an invention cannot be patented if it is publicly known before a utility model application has been filed as it is deemed to lack novelty.

However, Article 30 of the Patent Act allows the publishing of the details of the invention on the Internet, in newspapers, and so on in the six months prior to filing the application without jeopardizing the novelty of the utility model. In such cases, we can file a written statement (explaining the purpose of publishing the invention) and, within 30 days of the application date, submit a document that confirms the relevant facts of the publicity.

Yes, a utility model may convert to a patent application within the scope of matters stated in the description or drawing(s) originally attached to the utility model application, within 30 days from receiving certified copy of the initial decision to refuse registration.

◎ Drawings and specification of the design application

◎ Scanned copy of the power of attorney

◎ Scanned copy of the priority document or DAS code, if available

◎ Scanned copy of deed of assignment, if available

◎ Related information of applicants and inventors

Entry is possible through the Paris Convention or the Hague Agreement extension. If priority is claimed, the application must be filed within 6 months from the earliest priority date.

Substantive examination is conducted for most categories of goods in Korean design applications. However, for goods with shorter lifespans, higher approval rates, or broader popularity, a simpler registration system known as non-substantive examination is adopted.

This includes goods in Class 2, Class 5, and Class 19 of the International Classification, such as processed foods, souvenirs, clothing, bedding, curtains, office supplies, printed matter, packaging paper, packaging containers, woven paper, wallpaper, synthetic resin paper, etc.

Drawings submitted for a Korean design patent can be either photographs or line drawings.

However, if priority is claimed, the submitted drawings must be identical to those of the priority application, without any shading, trademark symbols, text, or codes unrelated to the design features.

Additionally, when filing a Korean design application, product materials need to be provided, such as metal or plastic.

Yes, and the grace period for novelty can be claimed at any time.

In Korea, the grace period for novelty of a design application is 12 months from the initial public disclosure of the design. Compared with patent applications, the requirements for the grace period for novelty in Korean design patents are quite flexible, as it can be claimed during the entire prosecution period of the design application.

 Additionally, after the design has been granted, a request for the grace period for novelty can also be submitted in response to invalidation or opposition proceedings.