Brief summary
- Before the application is laid open, a Korean patent application may not appear in KIPRIS, and inspection of its documents may be refused. The application is laid open after 18 months from the filing date or the priority date. For a PCT national phase application, the general rule is laying-open after the period for submitting domestic documents, which is 31 months from the priority date.
- After the application is laid open, the administrative status can be checked in KIPRIS by application number. There are seven administrative statuses: laid open, registered, rejected, invalidated, lapsed, withdrawn and abandoned.
- Documents to be served on an applicant with no address or place of business in Korea are served on the patent administrator. A foreign applicant checks notices and deadlines through the Korean agent.
This article is based on the Patent Act (특허법) in force from 11 November 2025 and on the KIPRIS and PatentRo (특허로) screens as read on 9 October 2026. The amended Patent Act (Act No. 21955), due to take effect on 16 March 2027, does not change the articles cited in this article. [5]
Last verified
Ways to check the status at a glance
As of October 2026.
| Who checks | When | Where | What can be seen | Basis |
|---|---|---|---|---|
| Applicant (through the agent) | From filing | Notices received by the patent administrator, PatentRo | Notice of the application number, notice of grounds for rejection, certified copy of the decision to grant or reject | Patent Act, Art. 5 and Art. 220(1) |
| Third party | Before laying-open of the application | KIPRIS, request for inspection of documents | The application may not appear in KIPRIS, and inspection and copying may be refused | Patent Act, Art. 216(2), subparagraph 1 |
| Third party | After laying-open of the application | KIPRIS | The seven administrative statuses, content of the Patent Laid-open Gazette | Patent Act, Art. 64; Enforcement Decree, Art. 19(3) |
| A person who needs inspection | After laying-open of the application | Ministry of Intellectual Property (request for inspection or copies of documents) | Documents relating to the application | Patent Act, Art. 216(1) |
| Third party | When family applications exist | USPTO Global Dossier | Dossier information of family applications filed in participating offices | USPTO guidance |
Before laying-open, a third party can hardly check the status
Inspection and copying of the documents of a patent application may be refused where neither laying-open of the application nor registration of the grant of a patent (registration of establishment of a patent right) has taken place. The basis is Article 216(2), subparagraph 1 of the Patent Act. This applies where the Minister of Intellectual Property (지식재산처장) finds it necessary to keep the documents confidential. [1]
When an application claiming domestic priority is laid open or registered, the documents of its earlier application fall outside this restriction (same subparagraph). [1] The previous provision applies to an earlier application filed before 1 March 2017 (Addenda to Act No. 14035, Art. 22). [1]
The same is true of KIPRIS. KIPRIS states that unpublished data under the relevant laws may not be retrieved. [6]
Therefore, the fact that a competitor’s Korean application does not appear in KIPRIS does not mean that no application exists. The application may not have been laid open yet.
The application is laid open after 18 months
The Minister of Intellectual Property lays a patent application open by publishing it in the Patent Gazette after 18 months from the relevant date (Patent Act, Art. 64(1)). [1] The relevant date depends on the type of application.
| Type of application | Date from which the 18 months are counted | Basis |
|---|---|---|
| Application with a priority claim under the Treaty | Filing date of the application on which the priority claim is based | Art. 64(1), subparagraph 1 |
| Application claiming domestic priority | Filing date of the earlier application | Subparagraph 2 of the same paragraph |
| Application with two or more priority claims | Earliest priority date | Subparagraph 3 of the same paragraph |
| Other applications | Filing date of the patent application | Subparagraph 4 of the same paragraph |
At the applicant’s request, the application is laid open before the 18 months (Patent Act, Art. 64(1)). [1] The request is made with a written request for early laying-open (Enforcement Rules of the Patent Act (특허법 시행규칙), Art. 44(1)). [3] For a patent application in a foreign language and an international patent application, early laying-open can be requested only after the Korean translation has been filed (Art. 44(2)). [3]
The laying-open date is the date on which the Patent Laid-open Gazette (patent gazette for publication, 공개특허공보) is issued (Enforcement Rules of the Patent Act, Art. 43). [3]
An application is not laid open in the following three cases (Patent Act, Art. 64(2)). [1]
- The specification does not contain claims.
- The Korean translation of a patent application in a foreign language has not been filed.
- Publication of registration has already been made for the patent.
An application treated as confidential for national defense reasons is not laid open until the confidential treatment is lifted (Patent Act, Art. 64(3)). [1]
The timing is different for a PCT national phase application. An international patent application is laid open after the period for submitting domestic documents has passed (Patent Act, Art. 207(1)). [1] The period for submitting domestic documents is 31 months from the priority date (Patent Act, Art. 201(1)). [1] If the period for filing the translation has been extended, the application is laid open after the extended period (Patent Act, Art. 207(1)). [1]
However, an application is laid open earlier if the applicant has requested examination within the period for submitting domestic documents and the international publication has taken place. In that case, the application is laid open after the later of two dates: the date 18 months from the priority date and the date of the request for examination (Patent Act, Art. 207(1)). [1]
An international patent application filed in Korean is treated separately. If the international publication takes place before the application is laid open, the application is deemed laid open at the time of the international publication (Patent Act, Art. 207(2)). [1]
After laying-open, KIPRIS shows the administrative status
KIPRIS is an intellectual property information search service provided by the Korea Institute of Patent Information (특허정보원). [6] The address is http://www.kipris.or.kr.
The advanced search of KIPRIS has fields for finding an application by number. The fields are the application number, registration number, laying-open number (publication number), international application number and international publication number. [6]
KIPRIS divides the administrative status of a patent into seven values. [6]
| Administrative status | KIPRIS explanation |
|---|---|
| Laid open (공개) | The technical content of the application has been made public |
| Registered (등록) | The application has passed examination and the right has been obtained |
| Rejected (거절) | It has been finally concluded that the right cannot be obtained |
| Invalidated (무효) | The application or the registered right is treated as never having existed |
| Lapsed (소멸) | The right has ended because the term expired or the annual fee was not paid |
| Withdrawn (취하) | The applicant has stopped the procedure voluntarily |
| Abandoned (포기) | The procedure has been stopped, or the right holder has given up the right voluntarily |
None of the seven values shows whether a request for examination or a notice of grounds for rejection has been issued. [6] KIPRIS explains “laid open” as the state in which the technical content of the application has been made public. [6]
Whether examination has been requested can be checked in the Patent Laid-open Gazette. If examination is requested before the application is laid open, that fact is published in the gazette at the time of laying-open (Patent Act, Art. 60(2)). [1] If examination is requested after the application is laid open, that fact is published in the gazette without delay (same paragraph). [1] In this case, it appears in a Patent Laid-open Gazette issued later, together with the laying-open number and the application number (Enforcement Decree of the Patent Act (특허법 시행령), Art. 19(3), subparagraph 8). [2]
Any person can request examination within three years from the filing date of the patent application (Patent Act, Art. 59(2)). [1] An application filed before 1 March 2017 follows the previous provision (Addenda to Act No. 14035, Art. 19). [1] The period under the previous provision was five years from the filing date of the patent application. [10]
The applicant cannot request examination in two cases (proviso to Patent Act, Art. 59(2)). [1] These are where the specification does not contain claims and where the Korean translation of a patent application in a foreign language has not been filed. [1]
An international patent application is deemed a patent application filed on its international filing date (Patent Act, Art. 199(1)). [1] The three years for a PCT national phase application are therefore counted from the international filing date.
For an international patent application, there are limits on when examination can be requested (Patent Act, Art. 210). [1] An applicant who filed in a foreign language can request examination after filing the Korean translation and paying the official fees. [1] A person other than the applicant can request examination after the period for submitting domestic documents has passed. [1]
For a divisional application, a separational application (splitting-off) and a converted application, examination can be requested even after the three years. The period is 30 days from the date on which that application was filed (Patent Act, Art. 59(3)). [1] The same applies to an application filed by the legitimate right holder. [1]
If examination is not requested within this period, the application is deemed withdrawn (Patent Act, Art. 59(5)). [1]
The items published in the Patent Laid-open Gazette are set out in Article 19(3) of the Enforcement Decree of the Patent Act. [2] The gazette contains the applicant, the application number and filing date, the inventor, the laying-open number and laying-open date, and the specification and drawings. [2] It also contains matters relating to priority claims and divisional applications. [2]
Documents for a foreign applicant are received by the patent administrator
An applicant with no address or place of business in Korea (an overseas resident, 재외자) can take procedural steps only through a patent administrator (특허관리인) (Patent Act, Art. 5(1)). [1] The exception is where the overseas resident, or the representative if the overseas resident is a corporation, is staying in Korea (same paragraph). [1] A patent administrator is an agent who has an address or place of business in Korea. [1]
If there is a patent administrator, documents to be served on the overseas resident are served on the patent administrator (Patent Act, Art. 220(1)). [1] If there is no patent administrator, the documents may be sent by registered airmail (Art. 220(2)). [1] In that case, the documents are deemed served on the date of dispatch (Art. 220(3)). [1]
The main documents that reach the applicant’s side are as follows.
| Document | When it arrives | Basis |
|---|---|---|
| Notice of the patent application number | When the application is accepted. For an international patent application, when the Korean translation is accepted | Enforcement Rules of the Patent Act, Arts. 24 and 109 |
| Notice of a third-party request for examination | When a person other than the applicant requests examination | Patent Act, Art. 60(3) |
| Notice of grounds for rejection | When the examiner intends to issue a decision of rejection (decision to reject a patent application) | Patent Act, Art. 63(1) |
| Certified copy of the decision to grant or the decision of rejection | When the decision to grant or reject is made | Patent Act, Art. 67(2) |
A person who has reported on the use of electronic documents can be notified of documents through an information and communications network (Patent Act, Art. 28-5(1)). [1] Such a notice is deemed to arrive when the recipient checks the document on the recipient’s own computer system (Art. 28-5(3)). [1] Documents to be served are sent by registered mail, except where they are received in person or through an information and communications network (Enforcement Decree of the Patent Act, Art. 18(1)). [2]
The e-filing portal of the Ministry of Intellectual Property is PatentRo (www.patent.go.kr). The PatentRo login guide states that the services can be used only after login. [7] The same guide states that a user must first obtain an applicant code (특허고객번호), register a joint certificate (공동인증서) and then log in. [7] The PatentRo menus include the notice inbox (통지서수신함), filing result inquiry (제출결과조회), examination processing status (심사처리상황) and My To-Do (나의할일). [7] “My To-Do” has items for notice deadlines, applications due for a request for examination and applications scheduled for the start of examination. [7]
After laying-open, copies of the documents can also be requested
A person who needs to inspect or copy documents relating to an application can apply to the Minister of Intellectual Property for permission (Patent Act, Art. 216(1)). [1] The application form is Form 29 of the Enforcement Rules of the Patent Act (Enforcement Rules, Art. 120(1)). [3] The menu on the PatentRo main page has an item named “file copy (non-member)” (서류철복사(비회원)). [7]
The English guidance of the Ministry of Intellectual Property also explains that documents relating to an application become open to inspection once the application is laid open. [8]
The fee for requesting copies of application documents depends on how the copies are received (Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Art. 6(1), subparagraph 5). [4]
| How the copies are received | Fee for requesting copies |
|---|---|
| Online | Free |
| On paper | KRW 100 per page |
| By fax | KRW 300 per page |
If family applications exist, Global Dossier is another route
Global Dossier is a service delivered jointly by the IP5 offices. The IP5 offices are the USPTO, the EPO, the JPO, KIPO of Korea and CNIPA. [9] The USPTO states that Global Dossier shows, free of charge, the dossier information of family applications filed in participating offices. [9] The information provided includes search and examination results. [9]
The USPTO guidance states that machine translations of IP5 patent documents are also provided. [9] The guidance does not state which documents of each office are included or from what date. [9]
What applicants should do
- In general, we suggest that a foreign applicant first agree on a reporting procedure with the Korean agent, rather than check KIPRIS at regular intervals. If there is a patent administrator, documents to be served on the applicant are served on the patent administrator.
- We suggest asking the Korean agent to report the date of receipt of each notice together with the deadline. A notice given through an information and communications network is deemed to arrive when the recipient checks the document.
- Before the application is laid open, we suggest using the application number and filing date in the notice of the patent application number as the reference for internal records.
- When monitoring a competitor’s applications, it is advisable to take the gap before laying-open into account. The gap is 18 months from the filing date or the priority date, and it can be longer for a PCT national phase application.
- The status and deadlines of an individual application should be confirmed with the Korean agent.
FAQ
Is there an official site for checking the status of a Korean patent application?
After the application is laid open, the administrative status can be checked by application number in KIPRIS (www.kipris.or.kr). [6] An application that has not been laid open may not be retrieved. [6]
A recently filed Korean application does not appear in KIPRIS. Is there a problem?
Not necessarily. The application is laid open after 18 months from the filing date or the priority date (Patent Act, Art. 64(1)). [1] For a PCT national phase application, the general rule is laying-open after the period for submitting domestic documents (Patent Act, Art. 207(1)). [1]
If KIPRIS shows “laid open” (공개), does it mean the application is under examination?
That cannot be concluded. KIPRIS explains “laid open” as the state in which the technical content of the application has been made public. [6] Whether examination has been requested is checked in the Patent Laid-open Gazette (Patent Act, Art. 60(2)). [1]
Can a foreign applicant log in to PatentRo directly and view the notices?
The PatentRo login guide requires an applicant code and registration of a joint certificate. [7] The guide contains no explanation about overseas residents. [7] If there is a patent administrator, documents to be served on an overseas resident are served on the patent administrator (Patent Act, Art. 220(1)). [1]
How DEFINE IP Law Firm handles this
When DEFINE IP Law Firm receives a notice, we report the date of receipt together with the deadline to the applicant. We record four points in time for each application: laying-open of the application, the request for examination, the notice of grounds for rejection and the decision to grant or reject. For questions about the status of Korean applications, please write to contact@defineip.kr.
Sources
- Ministry of Intellectual Property (지식재산처), Patent Act (특허법), Act No. 21134, in force from 11 November 2025. Articles 5, 28-5, 59, 60, 63, 64, 67, 199, 201, 207, 210, 216 and 220, Addenda to Act No. 14035, Arts. 19 and 22. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), Enforcement Decree of the Patent Act (특허법 시행령), Presidential Decree No. 35809, in force from 1 October 2025. Articles 18 and 19. https://www.law.go.kr/법령/특허법시행령 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), Enforcement Rules of the Patent Act (특허법 시행규칙), Prime Ministerial Decree No. 2115, in force from 14 May 2026. Articles 24, 43, 44, 109 and 120. https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Prime Ministerial Decree No. 2098, in force from 27 February 2026. Article 6(1). https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), Patent Act (특허법), Act No. 21955, promulgated 15 September 2026, due to take effect on 16 March 2027. Articles 5, 28-5, 59, 60, 63, 64, 67, 199, 201, 207, 210, 216 and 220. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
- Korea Institute of Patent Information (특허정보원), KIPRIS intellectual property information search service, main page, search help (patents and utility models) and terms of use. No posting date shown. https://www.kipris.or.kr/khome/main.do (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), PatentRo (특허로), main page and login guide. No posting date shown. https://www.patent.go.kr/smart/portal/Main.do (verified 9 October 2026)
- Ministry of Intellectual Property (English site of 지식재산처), Application Procedure: Patents and Utility Models, updated 18 October 2021. https://www.kipo.go.kr/en/HtmlApp?c=30101&catmenu=ek03_02_01 (verified 9 October 2026)
- USPTO, Global Dossier Initiative, updated 23 June 2023. https://www.uspto.gov/patents/basics/international-protection/global-dossier-initiative (verified 9 October 2026)
- Patent Act (특허법), Act No. 13096, in force from 29 July 2015 (version before the amendment). Article 59(2). https://www.law.go.kr/법령/특허법 (verified 9 October 2026)