PCT Applicant's Guide Democratic People's Republic of Korea EQE

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: Invention Office of the Democratic People's Republic of Korea

LI: Law on Inventions

RLI: Regulations under the Law on Inventions

List of currencies used in this document:

CHF (Swiss franc), EUR (Euro), KPW (North Korean Won)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Democratic People's Republic of Korea

Two-letter code:

Name of Office:

Invention Office of the Democratic People's Republic of Korea

Location:

Kinmaul Dong No. 1
Pipha Street
Moranbong District Pyongyang
Democratic People’s Republic of Korea

Mailing address:

Same as above

Telephone:

(850-2) 381 85 44

E-mail:

io520@star-co.net.kp

Website:

None

Facsimile:

(850-2) 381 44 10

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by e-mail or facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

No,

only the original power of attorney document must be furnished within three months from the filing date of the international application

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Inventors’ certificates

Patents

Petty inventors’ certificates

Petty patents

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

Yes.

From such time as a translation has been made available to the public, by laying open for public inspection as provided under Article 57 of the Law on Inventions.

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiry of the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Democratic People's Republic of Korea

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).

English,

French,

Korean,

Russian

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Information not yet available

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

Competent International Searching Authority:

AT,

CN,

Competent International Preliminary Examining Authority:

AT,

CN ¹,

Fees payable to the receiving Office:

Transmittal fee:

Equivalent in KPW of 50 CHF

International filing fee:

Equivalent in KPW of 1,330 CHF

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

Equivalent in KPW of 15 CHF

Search fee:

Equivalent in KPW of the search fee payable to the International Searching Authority chosen by the applicant:
Refer to
Annex D(AT)
Annex D(CN)
Annex D(RU)

Fee for priority document (PCT Rule 17.1(b)):

Fee for copying and mailing costs

Is an agent required by the receiving Office?

No, if the applicant resides in the Democratic People’s Republic of Korea
Yes, if the applicant is a non-resident

Who can act as agent?

Any patent agent

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished within the time limit applicable under PCT Article 22 or 39(1). If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the translation may be filed within two months from the expiration of that time limit, provided that the additional fee for late furnishing of the translation has been paid

Korean

Required contents of the translation for entry into the national phase:

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

If not already paid within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to pay the national fee within two months from the date of invitation

Patents

Filing fee

Equivalent in KPW of 230 EUR

Additional fee for late furnishing of the translation, per month

Equivalent in KPW of 30 EUR

Inventor’s certificate

None

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of invitation

Name and address of the inventor if they have not been furnished in the “Request” part of the international application ²

Inventor’s declaration ²

Assignment deed where the applicant is not the inventor ²

Appointment of an agent if the applicant is not resident in the Democratic People’s Republic of Korea

Translation of the international application to be furnished in two copies

Who can act as agent?

Any patent agent

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

The procedure in the national Phase

KP.01 TRANSLATION (LATE FURNISHING OF)

If the translation of the international application has not been furnished by the applicant within the time limit applicable under PCT Article 22 or 39(1), the translation can still be furnished within a further period of three months, provided that the additional fee for late furnishing of the translation, indicated in the Summary, has been paid within those three months.

KP.02 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

KP.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex KP.I.

KP.04 POWER OF ATTORNEY

A patent agent must be appointed by a power of attorney. A model is given in Annex KP.IV.

KP.05 INVENTOR’S DECLARATION

For details, refer to the model for such declaration in Annex KP.II. Legalization is not required. For time limits, refer to the Summary.

KP.06 ASSIGNMENT DEED

For details, refer to the model for such deed in Annex KP.III. Legalization is not required. For time limits, refer to the Summary. If the applicant(s) has (have) obtained the right to file the international application through the intermediary of one or more other persons and not directly from the inventor(s), the assignment deed(s) linking the inventor(s) and the applicant(s) must be produced.

KP.07 ANNUAL FEES

LI Art. 26, RLI Art. 40
Once a decision is made to grant a patent, the applicant becomes liable to pay to the Office an annual fee for each year following the international filing date. The first payment of annual fees is due within three months after receipt by the applicant of the decision that a patent will be granted and must comprise the annual fees for each year which has lapsed after the international filing date and the year during which the payment is made. Payment for each of the subsequent years must be made within three months before the anniversary of the international filing date on which the year commences or, where a supplement for late payment is also paid, within six months after the said anniversary. For the amount of these fees, refer to Annex KP.I.

KP.08 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, RLI Art. 29
Until the end of the examination procedure, the applicant may make amendments to the description, claims and drawings, provided that the scope of the subject matter of the application is not broadened thereby.

KP.09 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged within two months from the decision.

KP.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Where the applicant has failed to observe a time limit in the proceedings, he may request restoration of his rights; such a request must be presented in writing and indicate the reason for missing the time limit; at the same time, the omitted act must be completed.

KP.11 INVENTOR’S CERTIFICATE

PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1, PCT Rule 49bis.1(c), PCT Rule 76.5
Subject to what is said in paragraph KP.13, any desire of the applicant to obtain, in the Democratic People’s Republic of Korea, on the basis of an international application, an inventor’s certificate instead of a patent, must have been indicated, for international applications filed before 1 January 2004, in the international application (in Box No. V of the request) when filed; for international applications filed on or after 1 January 2004, since the request form no longer provides for the furnishing of such an indication, the applicant, when performing the acts referred to in PCT Article 22 or 39, shall so indicate to the Office.

KP.12

The requirements for the national phase are basically the same as for patents, except that no fees must be paid for an inventor’s certificate.

KP.13

LI Art. 32, RLI Art. 49
An international application for a patent or, once a patent has been granted, that patent, may be converted into an application for an inventor’s certificate or into an inventor’s certificate, upon entering the national phase or at any time thereafter. Fees which have already been paid by the time of filing the request for conversion will not be refunded.

Annexes

Annex KP.I - Fees

National (filing) fee

equivalent in KPW of 230 EUR

Published in PCT Gazette No. 28/2003, of 10 July 2003, page 15884

National procedure of PCT application

equivalent in KPW of 230 EUR

Published in PCT Gazette No. 28/2003, of 10 July 2003, page 15884

Request for extension of term (per month)

equivalent in KPW of 30 EUR

Registration:

— of assignment of rights

equivalent in KPW of 80 EUR

— of change or amendment

equivalent in KPW of 60 EUR

Filing an appeal

equivalent in KPW of 130 EUR

For granting patent

equivalent in KPW of 230 EUR

Annual fees (to be paid before the due date):

— for the 1^st to the 3^rd year (per year)

equivalent in KPW of 130 EUR

— for the 4^th to the 6^th year (per year)

equivalent in KPW of 170 EUR

— for the 7^th to the 9^th year (per year)

equivalent in KPW of 330 EUR

— for the 10^th to the 12^th year (per year)

equivalent in KPW of 400 EUR

— for the 13^th to the 15^th year (per year)

equivalent in KPW of 465 EUR

— for the 16^th to the 20^th year (per year)

equivalent in KPW of 600 EUR

How can payment of fees be effected?

Applicants who are foreign nationals or foreign entities must pay all fees (including annual fees) through a patent attorney.

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex KP.II - Inventor’s declaration

Annex KP.III - Assignment deed

Annex KP.IV - Power of attorney

Notes:
¹ ^aThe Office is competent only if the international search is or has been carried out by that Office.
² ^a ^b ^cThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Processing

KP - Democratic People's Republic of Korea
Invention Office of the Democratic People's Republic of Korea

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

KP - Democratic People's Republic of Korea Invention Office of the Democratic People's Republic of Korea

Error Information Warning Confirmation

KP - Democratic People's Republic of Korea
Invention Office of the Democratic People's Republic of Korea