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WIPO - PCT Applicant's Guide KR - 韩国
Ministry of Intellectual Property (MOIP) (Republic of Korea)

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    Ministry of Intellectual Property (MOIP) (Republic of Korea)
    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
    [MT] 本文档中使用的货币列表 :
    AUD (澳元), CHF (瑞士法郎), EUR (欧元), KRW (韩元), NZD (新西兰元), SGD (新加坡元), USD (美元)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    细则 20.8(a),
    细则 20.8(a-bis),
    细则 20.8(b),
    细则 20.8(b-bis),
    细则 26bis.3(j),
    细则 4.9(b),
    细则 49.6(f),
    细则 49ter.1(g),
    细则 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.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国:
    韩国
    [MT] 两个字母代码 :
    KR
    [MT] 办公室名称:
    Ministry of Intellectual Property (MOIP) (Republic of Korea)
    [MT] 地点:
    Government Complex-Daejeon
    189 Cheongsa-ro
    Seo-gu
    Daejeon 35208
    Republic of Korea
    [MT] 邮寄地址 :
    Same as above
    [MT] 电话:
    (82-42) 481 87 70 (RO)
    (82-42) 481 57 41 (ISA/IPEA)
    [MT] 电子邮件:
    RO
    moippct@korea.kr
    ISA/IPEA
    isamoip@korea.kr
    [MT] 网站地图
    [MT] 传真:
    (82-42) 472 34 73 (RO)
    (82-42) 481 85 78 (ISA/IPEA)
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    Yes, by facsimile
    [MT] 哪些类型的文件可以通过这种方式传送?
    All kinds of documents except the translation to be furnished under PCT Article 22 or 39
    [MT] 是否在所有情况下都必须提供文件原件?
    No, only upon invitation
    [MT] 专利局是否通过电子邮件发送国际申请通知?
    Also refer to Annexes D and E
    是的
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    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
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    IB,
    KR
    [MT] 国家立法是否限制向外国局提交国际申请?
    Patent Act, Art. 41
    Applies to applications which may be of interest for national defense
    是的
    Filing restrictions apply to:
    Applications by residents
    [MT] 为本国指定的主管(或选定的)办事处:
    Refer to corresponding National Phase.
    KR
    [MT] 通过PCT 提供的保护类型:
    Patents,
    Utility models
    [MT] 办公室接受的付款方式:
    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: MOIP
    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 MOIP 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 MOIP’s website: https://www.moip.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.moip.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.
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    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.
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 发明人姓名和地址必须提供的时间:
    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.
    [MT] 是否有关于要求优先权的先前国家申请的特别规定,这些规定的效力是什么?
    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
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定?
    Yes, refer to Annex L.

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    韩国
    [MT] 国际申请可用语言提交:
    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
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    English (recommended),
    Korean,
    or both
    [MT] 请求书可用语言提交:
    English,
    Japanese,
    Korean
    Number of copies required by the receiving Office if the international application is filed on paper:
    3
    [MT] 接收局是否接受以电子形式提交国际申请?
    For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 2 August 2024, pages 125 et seq. and 17 July 2025, pages 114-115.
    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 using NK-Editor software or KIPO-Editor software
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    Yes, any format
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    [MT] 国际主管查询机关 :
    AT,
    AU,
    KR,
    SG

    JP
    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.
    [MT] 国际初步审查主管机关 :
    AT,
    AU,
    KR

    JP,
    SG

    The Office is competent only if the international search is or has been carried out by that Office.
    Fees payable to the RO:
    [MT] 传输费用 :
    45,000 KRW
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,330 CHF
    [MT] 超过30张的每张费用:
    15 CHF
    [MT] 减免(费用表,项目4) :
    Electronic filing (the request not being in character-coded format):
    100 CHF
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    300 CHF
    [MT] 搜索费用:
    Refer to
    Annex D(AT)
    Annex D(AU)
    Annex D(JP)
    Annex D(KR)
    Annex D(SG)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    None
    [MT] 接受局是否要求代理人?
    No, if the applicant resides in the Republic of Korea
    Yes, if the applicant is a non-resident
    [MT] 谁可以担任代理人?
    Any registered patent attorney or legal representative
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 办公室是否已放弃提交单独授权书的要求?
    [MT] 需要另行授权的特殊情况:
    Not applicable
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    [MT] 需要提供一般授权书副本的特殊情况:
    Not applicable

    [MT] 附件D - 国际查询管理局

    [MT] 下列接受局的主管国际查询机关:
    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,
    VN
    Fees payable to the ISA:
    [MT] 查询费(PCT规则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.
    1,276 AUD
    672 CHF
    721 EUR
    1,200,000 KRW
    1,447 NZD
    1,089 SGD
    842 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.
    479 AUD
    252 CHF
    270 EUR
    450,000 KRW
    543 NZD
    409 SGD
    316 USD
    [MT] 附加查询费 (PCT规则40.2和40之二 ) :
    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
    [MT] 国际检索报告中引用的文件副本的收费 (PCT规则44.3 ) :
    per page 100 KRW
    [MT] 如何获取副本:
    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
    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: isamoip@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
    [MT] 国际申请档案所含文件副本的费用 (PCT规则94.1之三 ) :
    per page 100 KRW
    [MT] 抗辩费(PCT规则40.2(e) ) :
    11,000 KRW
    [MT] 逾期提供费 (PCT规则13之三.1(c ) ) :
    112,500 KRW
    [MT] 退还条件和退还的搜索费用的数额:
    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%
    [MT] 国际搜索接受的语言 :
    English,
    Korean
    [MT] 核苷酸和/或氨基酸序列列表 的物理介质类型:
    Diskette, CD-ROM, CD-R, DVD, DVD-R
    [MT] 将不会搜索的主题:
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求?
    [MT] 需要另行授权的特殊情况:
    Not applicable
    [MT] 管理局是否已放弃提交一般授权书副本的要求?
    [MT] 需要提供一般授权书副本的特殊情况:
    Not applicable

    [MT] 附件E - 国际初步审查机构

    [MT] 国际初步审查机构 主管以下接受局 :
    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,
    VN
    [MT] 对担任国际初步审查机构的管理机构的权限是否有任何限制?
    Fees payable to the IPEA:
    [MT] 初步审查费(PCT规则58 ) :
    This fee is payable to the International Preliminary Examining Authority.
    450,000 KRW
    [MT] 额外初步审查费 (PCT规则68.3 ) :
    This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.
    450,000 KRW
    [MT] 处理费 (PCT规则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)).
    357,000 KRW
    [MT] 国际初步审查报告中引用的文件副本费用 (PCT规则71.2 ) :
    per page 100 KRW
    [MT] 如何获取副本:
    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
    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: isamoip@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
    [MT] 国际申请档案所含文件副本的收费 (PCT规则94.2 ) :
    per page 100 KRW
    [MT] 抗辩费(PCT规则68.3(e ) ) :
    11,000 KRW
    [MT] 逾期提供费 (PCT规则13之三.2 ) :
    112,500 KRW
    [MT] 预审费退还条件和退还金额:
    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%
    [MT] 国际初步审查可接受的语言 :
    English,
    Korean
    [MT] 不予审查的主题事项 :
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求?
    [MT] 需要另行授权的特殊情况:
    Not applicable
    [MT] 管理局是否已放弃提交一般授权书副本的要求?
    [MT] 需要提供一般授权书副本的特殊情况:
    Not applicable

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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:
    Notifications related thereto may be consulted under:
    Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记:
    At the time of filing (must be in the description)
    [MT] 任何其他说明:
    None
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    None
    [MT] 其他资料
    For the purposes of patent procedure before the Ministry of Intellectual Property (MOIP) (Republic of Korea), 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 Ministry of Intellectual Property (MOIP) (Republic of Korea) within the time limit applicable under PCT Article 22 or 39(1).

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(3): 31 months from the priority date
    Under PCT Article 39(1)(b): 31 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    [MT] 国际申请必须翻译成以下语言之一:
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    Korean
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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)
    [MT] 在特殊情况下是否需要国际申请副本?
    Since 20 May 2019, where applicants wish to enter the national phase early, i.e. before the international publication has taken place, the Ministry of Intellectual Property (MOIP) (Republic of Korea) 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.
    [MT] 局是否根据其国家法律 接受彩色图纸?
    是的
    [MT] 国家费用 :
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    [MT] 专利
    [MT] 申请费用:
    [MT] 申请书的翻译已经提交
    in electronic form 46,000 KRW
    on paper 66,000 KRW
    [MT] 每张超过20张
    This fee applies to the total number of sheets of the description, drawings (if any) and abstract.
    on paper, plus 1,000 KRW
    [MT] 申请审查的费用
    166,000 KRW
    [MT] 对每项索赔的
    plus 51,000 KRW
    [MT] 从第一年到第三年的年费
    per year 13,000 KRW
    [MT] 对每项索赔的
    plus 12,000 KRW
    [MT] 实用新型
    [MT] 申请费用:
    [MT] 申请书的翻译已经提交
    in electronic form 20,000 KRW
    on paper 30,000 KRW
    [MT] 每张超过20张
    This fee applies to the total number of sheets of the description, drawings (if any) and abstract.
    on paper, plus 1,000 KRW
    [MT] 申请审查的费用
    71,000 KRW
    [MT] 对每项索赔的
    plus 19,000 KRW
    [MT] 从第一年到第三年的年费
    per year 12,000 KRW
    [MT] 对每项索赔的
    plus 4,000 KRW
    [MT] 免除、减少或退还费用:
    Filing fee, fee for request for examination, annual fees from the 1st to the 3rd 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 Ministry of Intellectual Property (MOIP) (Republic of Korea)
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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
    [MT] 谁可以担任代理人?
    Any registered patent attorney or legal representative
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?

    [MT] 国家阶段的程序

    [MT] KR.01 进入国家阶段的表格
    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 MOIP’s web site at: https://www.moip.go.kr
    [MT] KR.02 翻译(更正)
    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).
    [MT] KR.03 费用(支付方式)
    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.
    [MT] 第三章 委托书
    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).
    [MT] KR.05 优先文件
    ER Sec. 113
    The Minister of the Ministry of Intellectual Property (MOIP) (Republic of Korea) or the President of the Intellectual Property Trial and Appeal Board (IPTAB) 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.
    [MT] KR.06 审查请求
    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.
    [MT] KR.07 请求审查的时限
    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 NP 3.004 of the National Phase).
    [MT] KR.08 申请审查的费用
    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.
    [MT] KR.09 年费
    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.
    [MT] KR.10 申请书的修改;时限
    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.
    [MT] 根据《专利法》第25条进行复审
    PL Sec. 214,
    UML Sec. 40

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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).
    [MT] KR.12 会议时间限制延误的理由

    The Office does not excuse the failure to comply with any time limits during the national phase.
    [MT] KR.13 实用新型
    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
    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.
    [MT] KR.15 转换应用
    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.

    [MT] 附件 1

    [MT] 附件KR.I - 费用
    [MT] 专利
    [MT] 国家费用 :
    [MT] 申请书的翻译已经提交
    in electronic form 46,000 KRW
    on paper 66,000 KRW
    [MT] 每张超过20张
    This fee applies to the total number of sheets of the description, drawings (if any) and abstract.
    on paper, plus 1,000 KRW
    [MT] 要求优先权的费用:
    [MT] 提出要求优先权的请求时
    [MT] 对于每一优先权索赔
    in electronic form 18,000 KRW
    on paper 20,000 KRW
    [MT] 申请审查的费用
    166,000 KRW
    [MT] 对每项索赔
    plus 51,000 KRW
    [MT] 专利申请转为实用新型申请的费用
    Same as national fee for utility models
    [MT] 年费:
    These fees may all be paid at the same time or in installments.
    [MT] — 1 至 3 年(必须同时支付)
    per year 13,000 KRW
    [MT] 对每项索赔
    plus 12,000 KRW
    [MT] — 对于第 4 至第 6 年, 每年
    36,000 KRW
    [MT] 对每项索赔
    plus 20,000 KRW
    [MT] — 对于第7年至第9年, 每年
    90,000 KRW
    [MT] 对每项索赔
    plus 34,000 KRW
    [MT] — 对于第10至第12年, 每年
    216,000 KRW
    [MT] 对每项索赔
    plus 49,000 KRW
    [MT] — 对于第13 至第25 年, 每年
    324,000 KRW
    [MT] 对每项索赔
    plus 49,000 KRW
    [MT] 实用新型
    [MT] 国家费用 :
    [MT] 申请书的翻译已经提交
    in electronic form 20,000 KRW
    on paper 30,000 KRW
    [MT] 每张超过20张
    on paper, plus 1,000 KRW
    This fee applies to the total number of sheets of the description, drawings (if any) and abstract
    [MT] 要求优先权的费用:
    [MT] 提出要求优先权的请求时
    [MT] 对每项索赔
    in electronic form 18,000 KRW
    on paper 20,000 KRW
    [MT] 申请审查的费用
    71,000 KRW
    [MT] 对每项索赔
    plus 19,000 KRW
    [MT] 实用新型申请转为专利申请的费用
    Same as national fee for patents
    [MT] 年费:
    These fees may all be paid at the same time or in installments.
    [MT] — 1 至 3 年(必须同时支付 ), 每年
    12,000 KRW
    [MT] 对每项索赔
    plus 4,000 KRW
    [MT] — 对于第 4 至第 6 年, 每年
    25,000 KRW
    [MT] 对每项索赔
    plus 9,000 KRW
    [MT] — 对于第7年至第9年, 每年
    60,000 KRW
    [MT] 对每项索赔
    plus 14,000 KRW
    [MT] — 对于第10至第12年, 每年
    160,000 KRW
    [MT] 对每项索赔
    plus 20,000 KRW
    [MT] — 对于第13至15年, 每年
    240,000 KRW
    [MT] 对每项索赔
    plus 20,000 KRW
    [MT] 如何支付费用?
    For further details, refer to https://www.moip.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.
    Current version applicable from 2026年1月1日 , printed on 2026年2月18日