PATENTS & UTILITY MODELS | IROJE

PATENTS & UTILITY MODELS

Strategic Korean IP Prosecution: Filing, Examination, and Registration at KIPO

IROJE International Patent & Law Office provides comprehensive legal support for Korean filings, PCT national phase entries, and robust prosecution strategies. With over 25 years of specialized experience, we ensure clear communication and precise reporting for foreign law firms coordinating complex IP portfolios in Korea.

1. Key Features of the Korean IP System

South Korea operates under a strict first-to-file jurisdiction, emphasizing early submission to secure priority rights.

Unexamined Publication: Automatically laid open after 18 months. Early publication is available for strategic enforcement.
Request for Examination: Substantive examination is not automatic; a formal request is required.
Utility Model Alignments: Generally follows patent procedures but with shorter protection periods.

2. Procedure Flow & Practical Guide

Detailed visualization of KIPO's prosecution from filing to registration.

Representation & Documents

Foreign applicants without a domestic residence must proceed through a qualified Korean representative. Core requirements include application data, technical disclosure (specification/claims), and procedural documents (POA).

▲ TOP

3. Deadlines & Examination Standards

Critical Deadlines

Priority Claim: File within 12 months; certified documents within 16 months.
Examination Request (Patents): Within 5 years from the Korean filing date.
Examination Request (Utility Models): Within 3 years from the filing date.

Notice: Failure to request examination within these periods results in deemed withdrawal.

Substantive Standards

Inventions must demonstrate Novelty, an Inventive Step, and Industrial Applicability. Our team specializes in overcoming Office Actions through persuasive arguments and strategic amendments.

▲ TOP

4. PCT National Phase & Post-Grant

The PCT route offers international applicants a streamlined entry into the Korean market. Once granted, registration is completed upon payment of annuities, and the patent is published in the Registration Gazette.

            Post-Grant Revocation: Please be aware that third parties may file for a revocation of the patent within 6 months from the date of publication in the Registration Gazette.
        

▲ TOP