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FAQ

PCT/Paris Route Entering Into South Korea

In South Korean Law, "invention-creations" mean patents, utility models and designs.

"Patent" means any new technical solution relating to a product, a process or improvement thereof. Once granted, it can last as long as 20 years. That’s why most oversea patents entering into South Korea are filed as “Patent” considering the longer protection term than "Utility Model".

"Utility Model" means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use. Once granted, it can last as long as 10 years.

"Design" means any new design of the shape, the pattern or their combination, or the combination of the colors with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application. Once granted, it can last as long as 20 years.

The applicant should enter South Korea by PCT national phase within 31 months, or by Paris Convention Route within 12 months from the priority date.

The Reasons to Choose South Korea:

A Developed Country with a Mature Market and High Consumption Level

Patent Prosecution Highway (PPH) which Provides Accelerated Patent Prosecution Procedures with the Support of the KIPO

Eligible to Convert a Patent Application into a Utility Model Within 30 Days after the Applicant Receives the First Decision from the KIPO that the Patent shall be Refused

Most Likely to Obtain a Certificate from the KIPO at the End of the Day

Filing to Grant Procedure for Patent

STEP 1:

FILING

Filing National Application (PCT Route/Paris Convention Route);

STEP 2:

PRELIMINARY EXAMIANTION

Preliminary Examination by the Office;

STEP 3:

PUBLICATION

Publication Of The Patent (Within 18 Months After Application);

STEP 4:

SUBSTANTIVE EXAMIANTION

Request for Substantive Examination (Within 36 Months from the Priority Date);

STEP 5:

GRANT

Issuance Of Patent Certificate (Taking Around 2 to 3 Years After Application).

Documents

Required

Power of Attorney (PoA)

PCT Application Number if it’s PCT National Phase, Else Original Patent Application Information is Required

Frequently Asked Questions:

When should I file the PCT national entry into South Korea? icon icon
  • You’d better enter South Korea by PCT national phase within 31 months.
What’s the requirement of language for the patent application? icon icon
  • Korean version of abstract, claims, specification, drawings (when explanatory text is included).
When should I request the substantive examination? icon icon
  • Within 36 months from the priority date. Moreover, you can request for PPH to accelerate the examination along with the substantive examination, by which it only takes around 1 year from filing to grant.
Is it hard to get it granted in South Korea and how long will it takes? icon icon
  • It is not hard to get it granted in South Korea and it will take around 2 to 3 years after application. In South Korea, you are eligible to convert a patent application into a utility model application within 30 days if you receive the first decision from the KIPO that the patent shall be refused, which means that you are more likely to get a patent certificate at last.
What’s the maintenance cost after the patent being granted? icon icon
  • Annual Fees
    (KRW)    		 1st - 3rd years 15,000 + 13,000 / claim
    4th - 6th years 40,000 + 22,000 / claim
    7th - 9th years 100,000 + 38,000 / claim
    10th - 12th years 240,000 + 55,000 / claim
    13th - 25th years 360,000 + 55,000 / claim

    There are three points which deserves attention for the maintenance fees in South Korea:

    1)A one-time maintenance fee for the first 3 years should be paid at the time of grant.

    2)From the 4th year onwards, an annual fee should continue to be paid.

    3)The annual fee of South Korean patents is related to the number of claims, which means that the applicant should not only pay the basic annual fee but also the fees for the claims.

Brief Introduction of PPH in South Korea

Patent Prosecution Highway(PPH) is a mechanism to facilitate expedited examination of applicants. South Korea has established PPH cooperation with most major economies. And the PPH request is only applicable to patent application in South Korea.

PPH has two main advantages. For one thing, the PPH application will greatly shorten the pending period for the patent to be substantially examined by the examiner. Normally, the first office action(if any) will be issued within 2 months after the PPH request has been accepted, comparing with 12 to 18 months of pending period for the general application after requesting for substantive examination. For another, the authorization rate is higher than the general application.

If the PCT application has received a positive written opinion or an international preliminary examination report of patentability at the international phase, the applicant can file a PCT-PPH request to the Patent Office at the same time when we request for the substantive examination at the national phase. Else if you’ve chosen Paris Convention Route to entering into the national phase, General-PPH may be requested if you can provide the Office Actions, Responses to those Office Actions and Grant Notice(if any) of the Priority Patent.

In brief, you don’t need to decide whether to apply PPH in South Korea or not until you request for the substantive examination. You can leave this matter behind because we will notify you in time.

Estimated Cost for Filing a Patent

Description
Price (USD)
Attorney Fee
950
Govt Fee*
55
Translation Fee**
540
Total
1,545
Get Started
*

Govt fee will be charged later since we need to check the claims and specification of your PCT Application/Original Patent Application in case there’s any additional govt fee according to the Patent Office rules

**

The translation fee is estimated based on 3,000 English words. It will be charged later since we need to check the number of words in the abstract, specification, and claims.