WIPO - PCT Applicant's Guide KP - Democratic People's Republic of Korea
Intellectual Property Administration (IPA) of the Democratic People’s Republic of Korea

Applicable as from 7 December 2023
(published on 2 July 2024)

Summary of latest changes in this version
Useful information: Useful information
GENERAL INFO: Contact details, Various

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, Current Version

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: Intellectual Property Administration (IPA) 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:
KP
Democratic People's Republic of Korea - Intellectual Property Administration (IPA) of the Democratic People’s Republic of Korea
Name of Office:
Intellectual Property Administration (IPA) of the Democratic People’s Republic of Korea
Location:
Kinmaul Dong No. 1
Bipa Street
Moranbong District Pyongyang
Democratic People’s Republic of Korea
Mailing address:
Same as above
Telephone:
(850-2) 18111/999 (ext. 381-8433)
E-mail:
ipa817@star-co.net.kp
Website:
None
Facsimile:
None
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by e-mail
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)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
, 
KP
Democratic People's Republic of Korea - Intellectual Property Administration (IPA) of the Democratic People’s Republic of Korea
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.
KP
Democratic People's Republic of Korea - Intellectual Property Administration (IPA) of the Democratic People’s Republic of Korea
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?
No

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:
3
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
Austria - Austrian Patent Office
, 
CN
China - China National Intellectual Property Administration (CNIPA)
, 
RU
Russian Federation - Federal Service for Intellectual Property (Rospatent) (Russian Federation)
Competent International Preliminary Examining Authority:
AT
Austria - Austrian Patent Office
, 
RU
Russian Federation - Federal Service for Intellectual Property (Rospatent) (Russian Federation)

CN
China - China National Intellectual Property Administration (CNIPA)
The Office is competent only if the international search is or has been carried out by that Office.
Fees payable to the RO:
Transmittal fee:
Equivalent in KPW of 50 CHF
International filing fee:
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Equivalent in KPW of 1,330 CHF
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:
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
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?
No
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
This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
Inventor’s declaration
This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
Assignment deed where the applicant is not the inventor
This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
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
Published in PCT Gazette No. 28/2003, of 10 July 2003, page 15884.
equivalent in KPW of 230 EUR
National procedure of PCT application
Published in PCT Gazette No. 28/2003, of 10 July 2003, page 15884.
equivalent in KPW of 230 EUR
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 1st to the 3rd year (per year)
equivalent in KPW of 130 EUR
— for the 4th to the 6th year (per year)
equivalent in KPW of 170 EUR
— for the 7th to the 9th year (per year)
equivalent in KPW of 330 EUR
— for the 10th to the 12th year (per year)
equivalent in KPW of 400 EUR
— for the 13th to the 15th year (per year)
equivalent in KPW of 465 EUR
— for the 16th to the 20th 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
Current version applicable from 7 Dec 2023 , printed on 21 Nov 2024
2.0 #63 - 2024-11-04T12:26:35.870+01:00