PATENT FILING IN REPUBLIC OF KOREA

In 1977, Korean Industrial Property Office (KIPO) was established as an external administration of the Ministry of Commerce and Industry. Later in the year 2000, its name was changed to Korean Intellectual Property Office. KIPO joined Paris Convention in 1980 and Patent Cooperation Treaty in 1984 and since then it is accepting both types of patent applications.

 

For filing the patent application in Korea, if the person doesn’t have residence or business situated in Korea then he has to file the patent from the local attorneys of Korea. Also, the requirement for providing the application in Korean translation within one month provides a narrow span of time to the applicants.

 

We, at GPF, have the professional and proven Attorneys in Korea associated with us. GPF along with Khurana and Khurana, Advocates and IP Attorneys (K&K) has tremendous experience in expertise in Patent Filing/ Prosecution as per Korean Patent Laws, and translations as well. We provide the complete services required in the process of filing patents with least obstructions in prosecution process.

High Level Cost Estimate for Filing
Description
Price
Official Fee
$ 50.40
Attorney Fee
$ 675.00
Translation Fee
$ 900
Total
$ 1625.4

Documents Required
  • Power of Attorney (PoA).
  • Korean Translation of the Priority/ PCT Document.
Filing to Grant Procedure
1
STEP 1 : FILING

A patent can be filed in Korea as any of the following formats:

  • Paris Convention based national entry.

  • PCT National Phase based national entry (strictly within 31 months of priority date).

 

An application can be filed in any language first but then it should be submitted in Korean translation within 1 month from the date of submission of the application.

2
STEP 2 : PUBLICATION

Ordinarily publication is done within 18 months of priority date. Early publication can also be performed within 1 month of the request.

3
STEP 3 : EXAMINATION

Request for examination has to be made within 60 months from the international filing date. 

4
STEP 4 : PROSECUTION

At the time of examination, the Patent Office will issue the Examination Report (FER) / Office Action with a set of objections/requirements response to which must be filed within 60 days from the date of issue of the FER.

5
STEP 5 : GRANT

Annuity for 3’rd year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.