PCT Applicant's Guide Republic of Korea - Valid as from 29 Oct 2024

GENERAL INFO
RO
ISA
IPEA
BIO
NATIONAL CHAPTER

Applicable as from 29 October 2024

(published on 7 November 2024)

Summary of latest changes in this version
RO: Electronic filing, Reductions

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, 1 Jan 2024, 6 Sep 2024, 1 Oct 2024, 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: Korean Intellectual Property Office

PL: Patent Law of the Republic of Korea

ER: Enforcement Regulations under the Patent Law of the Republic of Korea

UML: Utility Model Law of the Republic of Korea

List of currencies used in this document:

AUD (Australian dollar), CHF (Swiss franc), EUR (Euro), KRW (Korean won), NZD (New Zealand dollar), SGD (Singapore dollar), USD (US dollar)

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

Rule 20.8(a), Rule 20.8(a-bis), Rule 20.8(b) , Rule 20.8(b-bis), Rule 26bis.3(j), Rule 4.9(b), Rule 49.6(f), Rule 49ter.1(g), Rule 49ter.2(h)
Refer to the full list.
PCT Rule 20.8(a-bis), The Offices (in their capacity as receiving Offices) of the States listed in this table have notified the International Bureau (IB) that new PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(a) that remains in effect.
PCT Rule 20.8(b-bis), The Offices (in their capacity as designated Offices) of the States listed in this table have notified the International Bureau (IB) that PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(b) that remains in effect.

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:

Republic of Korea

Two-letter code:

Name of Office:

Korean Intellectual Property Office

Location:

Government Complex-Daejeon
189 Cheongsa-ro
Seo-gu
Daejeon 35208
Republic of Korea

Mailing address:

Same as above

Telephone:

(82-42) 481 87 70 (RO)
(82-42) 481 57 41 (ISA/IPEA)

E-mail:

RO
kipopct@korea.kr
ISA/IPEA
isa.kipo@korea.kr

Website:

http://www.kipo.go.kr

Facsimile:

(82-42) 472 34 73 (RO)
(82-42) 481 85 78 (ISA/IPEA)

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

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents except the translation to be furnished under PCT Article 22 or 39

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

No, only upon invitation

Does the Office send notifications via e-mail in respect of international applications?

Also refer to Annexes D and E

Yes

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)?

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)?

For further details on how to request this Office to make applications available to DAS refer to https://www.patent.go.kr/smart/jsp/ka/menu/support/main/WipoAccessCodeHelp.do

Yes, the Office is prepared to allow applicants to make national applications available to the WIPO DAS

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?

Patent Act, Art. 41

Applies to applications which may be of interest for national defense

Yes

Filing restrictions apply to:

Applications by residents

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

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patents,

Utility models

Payment methods accepted by the Office:

As RO:
The fees for international filing and international search can be transferred to one of the account numbers given to each payer during the international filing.

As IPEA:
The fee for international preliminary examination can be paid by wire transfer or online by credit card. The payment can be effected by following the instructions below.

1. Wire transfer information
(1) Bank name: National Agricultural Cooperative Federation, Government Complex Daejeon Branch
(2) SWIFT code: NACFKRSE
(3) Account No.: 676-01-011484
(4) Beneficiary’s name: KIPO

Please note that when you make a wire transfer, you will need to consider the sender and intermediary's bank processing fees for the purpose of transferring the exact amounts of the fees. In order to ensure that KIPO receives the full payment, the wire sender should inform their bank that they will be responsible for all intermediary bank processing fees. This amount may vary depending on the number of banking entities involved in the money transfer.

Please include the PCT application number, name of applicant, type of the fee to be paid, amount that should be paid, etc. in the remittance information so that payment is assigned to the correct application.

2. Credit card payment information
Payment of fees by credit card on KIPO’s website: https://www. kipo.go.kr/en
=> PCT ISA Portal => PCT Fees Payment. If you enter your international application number and password (file reference), Payment information is displayed. You can proceed with the credit card payment according to the displayed information.

Note that you can find your list for payment after you have sent ISA/KR or IPEA/KR a letter to express your intention to pay the fees.

As DO:

For further details, refer to https://www.kipo.go.kr/en/HtmlApp?c=92004&;.

The fees can be transferred to one of the account numbers given to each payer upon entry into the national phase.

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

None

Provisional protection after international publication:

After the applicant has filed a translation of the international application into Korean and paid the national fee, the translation will be laid open for public inspection. The applicant may, after the laying open of the application and following a warning by the applicant in the form of a document describing the contents of the invention claimed in the application, require a person who has commercially worked the invention, after the warning but before the registration of the patent right, to pay in compensation a sum of money equivalent to what he would normally be entitled to receive for the working of the invention if it were a patented invention.

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

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

May be in the request or may be furnished later. 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 fixed in the invitation.

Are there special provisions concerning earlier national applications from which priority is claimed and what are the effects of these provisions?

Article 56 of the Korean Patent Law provides that the filing of an international application which contains the designation of the Republic of Korea and claims the priority of an earlier national application for the grant of a patent or a utility model having effect in the Republic of Korea shall have the result that the earlier national application will be considered withdrawn 15 months after the filing date of the earlier national patent application, provided that this shall not apply where that earlier application falls under any of the following subparagraphs:

(i) where the earlier application has been abandoned, invalidated or withdrawn

(ii) where a decision or a trial decision to grant or refuse a patent or a utility model registration has become final and conclusive; or

(iii) where priority claims based on the earlier application concerned have been withdrawn

If the applicant of an international application which claims the priority of an earlier national application wants to avoid this effect, pursuant to PCT Rule 4.9(b), the applicant may exclude the Republic of Korea from the automatic designation or, with respect to the earlier national patent application, may consider to withdraw the designation of the Republic of Korea subsequently to the filing of the international application but before the expiration of 15 months from the priority date

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

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

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,

Japanese,

Korean

Language accepted for language-dependent free text in the sequence listing:

English (recommended),

Korean,

or both

Language in which the request may be filed:

English,

Japanese,

Korean

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?

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 2 August 2024, pages 125 et seq.

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

Yes, the Office accepts electronic filing via ePCT-Filing or using NK-Editor software, or NKEAPS, PKEAPS software

Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?

Yes, any format

Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?

Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?

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

Competent International Searching Authority:

AT,

AU,

KR,

The Office is competent only for international applications filed in Japanese or for which a translation into Japanese has been furnished under PCT Rule 12.3.

Competent International Preliminary Examining Authority:

AT,

AU,

JP,

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:

45,000 KRW

International filing fee:

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

1,330 CHF

Fee per sheet in excess of 30:

15 CHF

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request not being in character-coded format):

100 CHF

Electronic filing (the request, description, claims and abstract in character coded format):

300 CHF

Search fee:

Refer to
Annex D(AT)
Annex D(AU)
Annex D(JP)
Annex D(KR)
Annex D(SG)

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

None

Is an agent required by the receiving Office?

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

Who can act as agent?

Any registered patent attorney or legal representative

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

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

Particular instances in which a separate power of attorney is required:

Not applicable

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

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:

Applicants that provide an e-mail authorization in their international application will be sent an encrypted copy of the International Search Report (PCT/ISA/210) by e-mail. It can be opened using a password which appears at the bottom of the Notification of Receipt of Search Copy (PCT/ISA/202).

The Office, in its capacity as International Searching Authority, accepts documents submitted by applicants after the international filing date through ePCT. For the official notification from the Office refer to the Official Notices (PCT Gazette) dated 15 November 2018, page 307 et seq.

AE,

AU,

BN,

CL,

CO,

CV,

ID,

KH,

KR,

LA,

LK,

MN,

MX,

MY,

NZ,

PE,

PH,

SA,

SG,

TH,

US,

Fees payable to the ISA:

Search fee (PCT Rule 16):

This fee is payable to the receiving Office in the currency or one of the currencies accepted by it (refer to Annex C). This fee will be reduced by 75% where the applicant or, if there are two or more applicants, each applicant is a national of, and has a residence or business domicile in, one of the following States: Cambodia, Colombia, Indonesia, Lao People’s Democratic Republic, Malaysia, Mexico, Mongolia, Peru, the Philippines, Sri Lanka, Thailand, Viet Nam

— for international applications filed in English or for which a translation into English has been furnished under PCT Rule 12.3.

1,299 AUD

804 CHF

835 EUR

1,200,000 KRW

1,473 NZD

1,206 SGD

879 USD

— for international applications filed in Korean or for which a translation into Korean has been furnished under PCT Rule 12.3.

This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.

487 AUD

302 CHF

313 EUR

450,000 KRW

552 NZD

452 SGD

330 USD

Additional search fees (PCT Rule 40.2 and 40bis):

This fee is payable to the International Searching Authority and only in particular circumstances.

— for international applications filed in English or for which a translation into English has been furnished under PCT Rule 12.3.

1,200,000 KRW

— for international applications filed in Korean or for which a translation into Korean has been furnished under PCT Rule 12.3.

450,000 KRW

Fee for copies of documents cited in the international search report (PCT Rule 44.3):

per page 100 KRW

How to obtain copies:

The Authority provides copies of each document cited in the international search report for download, free of charge, for six months from the date of mailing of the report

Documents can be downloaded at: https://www.patent.go.kr/smart/jsp/kiponet/ma/mamarkapply/infomodifypatent/PCTStatusInfo.do

After six months from the date of mailing of the international search report or in case of problems with downloading the documents, applicants should contact the Authority:

e-mail: isa.kipo@korea.kr

facsimile: (82-42) 481 85 78)

or the PCT Korea Center in the United States of America:

e-mail: pctkorea@pctkorea.com

facsimile: (1-703) 388 10 84

Paper copies of cited documents can be obtained directly at the Office subject to the fee mentioned below

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

per page 100 KRW

Protest fee (PCT Rule 40.2(e)):

11,000 KRW

Late furnishing fee (PCT Rule 13ter.1(c)):

112,500 KRW

Conditions for refund and amount of refund of the search fee:

Money paid by mistake, without cause, or in excess, will be refunded

Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%

Where the Authority benefits from an earlier search already made by the Authority, upon request by the applicant
refund of 75%

Languages accepted for international search:

English,

Korean

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

Diskette, CD-ROM, CD-R, DVD, DVD-R

Subject matter that will not be searched:

The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of patent law of the Republic of Korea

Waiver of power of attorney:

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

Particular instances in which a separate power of attorney is required:

Not applicable

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

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex E - International Preliminary Examining Authority

International Preliminary Examining Authority competent for the following Receiving Offices:

Applicants that provide an e-mail authorization in their international application will be sent an encrypted copy of the International Preliminary Report on Patentability (Chapter II of the Patent Cooperation Treaty) (PCT/IPEA/409) by e-mail. It can be opened using a password which appears at the bottom of the Notification of Receipt of Demand by Competent International Preliminary Examining Authority (PCT/IPEA/402).

AE,

AU,

BN,

CL,

CO,

CV,

ID,

KH,

KR,

LA,

LK,

MN,

MX,

MY,

NZ,

PE,

PH,

SA,

SG,

TH,

US,

Fees payable to the IPEA:

Preliminary examination fee (PCT Rule 58):

This fee is payable to the International Preliminary Examining Authority.

450,000 KRW

Additional preliminary examination fee (PCT Rule 68.3):

This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.

450,000 KRW

Handling fee (PCT Rule 57.1):

This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

299,000 KRW

Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):

per page 100 KRW

How to obtain copies:

The Authority provides copies of each document cited in the international preliminary examination report for download, free of charge, for six months from the date of mailing of the report

Documents can be downloaded at:
https://www.patent.go.kr/smart/jsp/kiponet/ma/mamarkapply/infomodifypatent/PCTStatusInfo.do

After six months from the date of mailing of the international preliminary examination report or in case of problems with downloading the documents, applicants should contact the Authority:

e-mail: isa.kipo@korea.kr

facsimile: (82-42) 481 85 78)

or the PCT Korea Center in the United States of America:

e-mail: pctkorea@pctkorea.com

facsimile: (1-703) 388 10 84

Paper copies of cited documents can be obtained directly at the Office subject to the fee mentioned above

Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):

per page 100 KRW

Protest fee (PCT Rule 68.3(e)):

11,000 KRW

Late furnishing fee (PCT Rule 13ter.2):

112,500 KRW

Conditions for refund and amount of refund of the preliminary examination fee:

Money paid by mistake, without cause, or in excess, will be refunded

In the cases provided for under PCT Rule 58.3:
refund of 100%

If the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%

Languages accepted for international preliminary examination:

English,

Korean

Subject matter that will not be examined:

The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of patent law of the Republic of Korea

Are there any restrictions with regard to the competence of the Authority acting as an International Preliminary Examining Authority?

Waiver of power of attorney:

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

Particular instances in which a separate power of attorney is required:

Not applicable

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

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

At the time of filing (must be in the description)

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

None

Additional information

For the purposes of patent procedure before the Korean Intellectual Property Office, a deposit is required not later than at the date of filing the international application. A receipt attesting the deposit and its acceptance issued by the depositary institution with which the microorganism was deposited must be submitted to the Korean Intellectual Property Office within the time limit applicable under PCT Article 22 or 39(1).

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Does the Office permit reinstatement of rights (PCT Rule 49.6)?

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

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Korean

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

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

The request does not need to be translated when Form No. 57 is used for entering the national phase (refer to Annex KR.II).

Under PCT Article 22: Request, description, claims (if amended, as originally filed or as amended, together with any statement under PCT Article 19, at applicant’s option), any text matter of drawings, abstract

Under PCT Article 39(1): Request,2 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?

Since 20 May 2019, where applicants wish to enter the national phase early, i.e. before the international publication has taken place, the Korean Intellectual Property Office in its capacity as designated/elected Office, will retrieve a copy of the international application, and other documents associated therewith, directly from the International Bureau.

Does the Office accept color drawings under its national law?

Yes

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Patents

Filing fee:

— when a translation of the application has been furnished

in electronic form 46,000 KRW

on paper 66,000 KRW

— per sheet in excess of 20

This fee applies to the total number of sheets of the description, drawings (if any) and abstract.

on paper, plus 1,000 KRW

Fee for request for examination

143,000 KRW

For each claim

plus 44,000 KRW

Annual fees from the 1^st to the 3^rd year

per year 15,000 KRW

For each claim

plus 13,000 KRW

Utility models

Filing fee:

— when a translation of the application has been furnished

in electronic form 20,000 KRW

on paper 30,000 KRW

— per sheet in excess of 20

This fee applies to the total number of sheets of the description, drawings (if any) and abstract.

on paper, plus 1,000 KRW

Fee for request for examination

71,000 KRW

For each claim

plus 19,000 KRW

Annual fees from the 1^st to the 3^rd year

per year 12,000 KRW

For each claim

plus 4,000 KRW

Exemptions, reductions or refunds of fees:

Filing fee, fee for request for examination, annual fees from the 1^st to the 3^rd year and fee for request for scope confirmation trial are reduced by 70% where the applicant is a natural person and is also the inventor. However, if the number of applications per year by the applicant exceeds 20, the application fee will be reduced by 30% only

The fee for request for examination is reduced by 70% where the international search report and/or the international preliminary examination report has been established by the Korean Intellectual Property Office

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

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

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 which shall not be less than two months from the date of the invitation.

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 Republic of Korea

Must be appointed within two months from the expiration of the time limit applicable under PCT Article 22 or 39(1).

Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form

Who can act as agent?

Any registered patent attorney or legal representative

Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?

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

The procedure in the national Phase

KR.01 FORMS FOR ENTERING THE NATIONAL PHASE

PL Sec. 203
The Office has available a transmittal form for entering the national phase (Form No. 57, refer to Annex KR.II) and strongly recommends the use of this Form. When this Form is used, the Request does not need to be translated under PCT Rule 49.1(a)(i). If amendments have been made during the international phase under PCT Article 19, or during the international preliminary examination under PCT Article 34, Form No. 13 (refer to Annex KR.VI) should preferably be used for the furnishing of a translation of such amendments into Korean. Forms Nos. 57 and 13 are also available on KIPO’s web site at: http://www.kipo.go.kr.

KR.02 TRANSLATION (CORRECTION)

PL Sec. 201(3)
A revised translation of the international application can be furnished before the expiration of the time limit applicable under PCT Article 22 or 39(1) unless a request for examination (refer to paragraph KR.06) has already been filed. Errors in the translation may also be corrected when amendments to the application are permitted (refer to paragraph KR.10).

KR.03 FEES (MANNER OF PAYMENT)

PL Sec. 79(1), PL Sec. 82(1)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex KR.I.

KR.04 POWER OF ATTORNEY

PL Sec. 5(1)
An agent must be appointed by filing a power of attorney. Where the power of attorney is in a language other than Korean, a Korean translation is required. A model is given in Annex KR.IV (English translation).

KR.05 PRIORITY DOCUMENT

ER Sec. 113
The Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Tribunal may, if necessary for the examination or trial, invite the applicant to submit the Korean translation of the priority document within a designated period. In case of identity between the text of the priority document and the international application, a statement to that effect may be furnished instead of a translation.

KR.06 REQUEST FOR EXAMINATION

PL Sec. 60, PL Sec. 210
A patent will be granted only after examination as to patentability which may be requested by the applicant or by a third party. The request for examination must be made in writing and in Korean, on Form No. 22 which is given in Annex KR.III.

KR.07 TIME LIMIT FOR REQUESTING EXAMINATION

PL Sec. 59(2)
Examination must be requested within three years from the international filing date (see, however, for utility models, paragraph KR.13). Such request can only be made once all requirements for entry into the national phase (refer to the Summary) have been complied with. The request for examination is considered by the Office as a request for early start of the national phase if it is made before the expiration of the time limit applicable under PCT Article 22 or 39(1) (refer to paragraph 3.004 of the National Phase).

KR.08 FEE FOR REQUESTING EXAMINATION

PL Sec. 82
The request for examination is only effective if the fee for requesting examination has been paid. The amount of the fee is indicated in Annex KR.I.

KR.09 ANNUAL FEES

PL Sec. 79(1)
After examination, prior to the grant of a patent, annual fees must be paid for the first to the third year. These fees must be paid all at one and the same time within three months after receipt of the decision to grant a patent. The annual fees for the fourth and subsequent years must be paid before the anniversary of the date of the first payment. Payment can still be made, together with a 18% surcharge for late payment, before the expiration of six months from the anniversary of the date of the first payment. The amounts of the annual fees are indicated in Annex KR.I. Payment must be effected by filing Form No. 25. This form may be obtained from the Office.

KR.10 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, PL Sec. 47(1), PL Sec. 208
The applicant may amend the specification or drawings attached to the application before the examiner issues a certified copy of a decision to grant a patent. However, in cases that fall under any of the following subparagraphs, the applicant may amend the application within the following time limit:

(i) where the applicant receives a notice of the grounds for rejection (excluding a notice of grounds for rejection with regard to a ground for rejection which has arisen according to the amendment following the notice of grounds for rejection) for the first time or receives a notice of the grounds for rejection that does not apply under paragraph (ii): the applicable time limit is the period for submission of arguments against a notice of the grounds for rejection thereof;

(ii) where the applicant receives a notice of the grounds for rejection (and where the examiner issues a notice of revocation of decision to grant patent for ex officio reexamination, excluding a notice of grounds for rejection which has been issued before the examiner issues that notice) which has arisen as a result of an amendment following a notice of the grounds for rejection: the applicable time limit is the period for submission of arguments against a notice of the grounds for rejection thereof; or

(iii) where an applicant requests a reexamination in accordance with Article 67bis against a decision of rejection of a patent: at the time of filing of the request.

Notwithstanding the first paragraph, no amendment to an international patent application (except an amendment under PCT Articles 19(1) and 34(2)(b)) may be made until the fees have been paid, a translation of the application (except in the case of an international patent application made in the Korean language) has been submitted, and the relevant date (either 31 months from the priority date or after the filing date of a request for examination, whichever is earlier), has passed.

KR.11 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, PL Sec. 214, UML Sec. 40
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. The request for review to the Office should be filed with Form No. 58, which is given in Annex KR.V, within two months from the date of the notification to the applicant of the refusal, declaration, or finding referred to in PCT Article 25(1).

KR.12 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2)
The Office does not excuse the failure to comply with any time limits during the national phase.

KR.13 UTILITY MODEL

UML Sec. 17
The requirements for the national phase are basically the same as for patents, except that the fees for utility models must be paid (refer to Annex KR.I, page 2). Examination must be requested within three years from the international filing date.

KR.14

PCT Art. 7(2)(ii), UML Sec. 36
Where, in the case referred to in paragraph KR.13, the international application does not contain drawings, the applicant must furnish the drawing(s) within the time limit applicable under PCT Article 22 or 39(1). Where the applicant does not furnish the drawing(s) within that time limit, the Office will invite him to furnish the drawing(s) within a time limit fixed in the invitation.

KR.15 CONVERSION APPLICATION

UML Sec. 10, UML Sec. 37
An international application for a patent may be converted into an application for a utility model after the applicant has complied with the requirements for entry into the national phase for a patent application as indicated in the Summary. The conversion is subject to the payment of a fee for conversion indicated in Annex KR.I and may be requested at any time within 30 days from the date of (first) receipt of a certified copy of the decision of refusal.

KR.16

PL Sec. 53, PL Sec. 209
An international application for a utility model may be converted into an application for a patent after the applicant has complied with the requirements for entry into the national phase for a utility model application as indicated in the Summary. The conversion is subject to the payment of a fee for conversion indicated in Annex KR.I and may be requested at any time within 30 days from the date of receipt of a certified copy of the decision of refusal.

Annexes

Annex KR.I - Fees

Patents

National fee:

— when a translation of the application has been furnished

in electronic form 46,000 KRW

on paper 66,000 KRW

— per sheet in excess of 20

This fee applies to the total number of sheets of the description, drawings (if any) and abstract.

on paper, plus 1,000 KRW

Fee for claiming priority:

— when a request for claiming priority is made

— for each priority claim

in electronic form 18,000 KRW

on paper 20,000 KRW

Fee for request for examination

143,000 KRW

— for each claim

plus 44,000 KRW

Fee for conversion of a patent application into a utility model application

Same as national fee for utility models

Annual fees:

These fees may all be paid at the same time or in installments.

— for the 1^st to the 3^rd year (must all be paid at one and the same time)

per year 15,000 KRW

— for each claim

plus 13,000 KRW

— for the 4^th to the 6^th year, per year

40,000 KRW

— for each claim

plus 22,000 KRW

— for the 7^th to the 9^th year, per year

100,000 KRW

— for each claim

plus 38,000 KRW

— for the 10^th to the 12^th year, per year

240,000 KRW

— for each claim

plus 55,000 KRW

— for the 13^th to the 25^th year, per year

360,000 KRW

— for each claim

plus 55,000 KRW

Utility Models

National fee:

— when a translation of the application has been furnished

in electronic form 20,000 KRW

on paper 30,000 KRW

— per sheet in excess of 20

on paper, plus 1,000 KRW

This fee applies to the total number of sheets of the description, drawings (if any) and abstract

Fee for claiming priority:

— when a request for claiming priority is made

— for each claim

in electronic form 18,000 KRW

on paper 20,000 KRW

Fee for request for examination

71,000 KRW

— for each claim

plus 19,000 KRW

Fee for conversion of a utility model application into a patent application

Same as national fee for patents

Annual fees:

These fees may all be paid at the same time or in installments.

— for the 1^st to the 3^rd year (must all be paid at one and the same time), per year

12,000 KRW

— for each claim

plus 4,000 KRW

— for the 4^th to the 6^th year, per year

25,000 KRW

— for each claim

plus 9,000 KRW

— for the 7^th to the 9^th year, per year

60,000 KRW

— for each claim

plus 14,000 KRW

— for the 10^th to the 12^th year, per year

160,000 KRW

— for each claim

plus 20,000 KRW

— for the 13^th to the 15^th year, per year

240,000 KRW

— for each claim

plus 20,000 KRW

How can payment of fees be effected?

For further details, refer to https://www.kipo.go.kr/en/HtmlApp?c=92004&;.

The fees can be transferred to one of the account numbers given to each payer upon entry into the national phase.

Forms

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

Annex KR.II - Transmittal form (Form No. 57)

Annex KR.III - Request for examination of the application (Form No. 22)

Annex KR.IV - Power of attorney

Annex KR.V - Request for review (Form No. 58)

Annex KR.VI - Submission of a translation of amendments or statement (Form No. 13)

Processing

WIPO - PCT Applicant's Guide KR - Republic of Korea
Korean Intellectual Property Office

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex D - International Searching Authority

Annex E - International Preliminary Examining Authority

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

WIPO - PCT Applicant's Guide KR - Republic of Korea Korean Intellectual Property Office

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide KR - Republic of Korea
Korean Intellectual Property Office