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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: Applications are automatically laid open to the public after 18 months from the filing or priority date. Early publication can be requested for strategic enforcement.
- Request for Examination: Substantive examination is not automatic. A formal request must be filed by the applicant or an interested third party to initiate the process.
- Utility Model Alignments: The utility model system is designed for practical devices and shapes, generally following patent procedures but with shorter protection periods and examination deadlines.
2. Procedure Flow & Practical Guide
Detailed visualization of KIPO's prosecution from filing to registration.
Who Can File & Representation
Both individuals and legal entities (inventors or assignees) are eligible to file. However, foreign applicants without a domestic residence or place of business in Korea must proceed through a qualified Korean representative (Patent Attorney) for all KIPO interactions.
Critical Core Documents
- Application Data: Full details of applicant/inventor and priority claims.
- Technical Disclosure: Specification, claims, abstract, and drawings. Note that drawings are highly recommended for patents and are essential for utility models.
- Procedural Documents: Power of Attorney (POA) and certified copies of priority documents.
3. Deadlines & Examination Standards
Priority & Examination Request Deadlines
- Priority Claim: Must be filed within 12 months of the earliest priority date. Certified priority documents must follow within 16 months.
- Examination Request (Patents): Must be filed within 5 years from the Korean filing date.
- Examination Request (Utility Models): Must be filed within 3 years from the filing date.
Notice: Failure to request examination within these statutory periods will result in the application being deemed withdrawn.
Substantive Examination Standards
To secure registration, an invention must demonstrate Novelty, an Inventive Step, and Industrial Applicability. Our team provides expert analysis to overcome preliminary rejections (Office Actions) by drafting persuasive arguments and strategic amendments within the scope of original disclosure.
▲ TOP4. PCT National Phase & Post-Grant
For international applicants, the PCT route offers a streamlined entry into the Korean market. The national phase entry must be initiated within the designated timeframe, followed by formality checks and examination requests.
Grant & Registration Fees
Once a decision to grant is issued, the patent is registered upon payment of the required annuities (typically for the first 1–3 years). The patent is then published in the Registration Gazette, and a certificate of registration is issued.