Insights

Answers to the practical questions foreign applicants and their agents ask about Korean patent, trademark and design practice: fees, deadlines, procedure and claims, one question per article, based on the statutes.

AI Design Patent Software Trademark

  • Can I file a Korean design through the Hague System?

    Yes. When Korea is designated in a Hague international application, the international registration is deemed a Korean design application (Design Protection Act (디자인보호법), Art. 179(1)).

  • How do I register a design in Korea?

    A design is registered in Korea by filing a design application with the Ministry of Intellectual Property (지식재산처, MOIP) under the Design Protection Act (디자인보호법). The design right arises on registration of the grant of the design right (registration for the establishment of the design right; below, “registration”) and lasts until 20 years after the…

  • Should I file in Korea directly or through the Madrid system?

    For Korea alone, direct filing has the lower official fees. For one class with 10 or fewer designated goods, the total up to registration is KRW 247,000 or KRW 253,000. The Korean individual fee for a Madrid designation is KRW 280,000 per class (150 Swiss francs as shown by WIPO).

  • How long does trademark examination take in Korea?

    In 2025, the average first action pendency (심사처리기간) for trademarks in Korea was 11.9 months. This is the time from the filing date to the first notice of the examiner. [6][7]

  • How much does a Korean trademark application cost?

    Korean official fees for trademarks are set by the number of classes. The application fee is KRW 46,000 or KRW 52,000 per class.

  • How do I register a trademark in Korea?

    Trademark registration in Korea proceeds in this order: application, examination, publication of the application, decision to grant trademark registration (decision to register a trademark), payment of the registration fee. The trademark right arises on registration, and the duration of trademark rights (term of a trademark right) is 10 years from the registration date.

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    How are AI inventions examined in Korea?

    The Korean Patent Act (특허법) has no provision that applies only to AI inventions. AI inventions are examined under the general patentability requirements. The standards specific to AI are in Chapter I, “Artificial Intelligence Field” (제1부 인공지능 분야), of the Examination Practice Guidelines by Technology Field (기술분야별 심사실무가이드) of the Ministry of Intellectual Property (MOIP,…

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    Is software patentable in Korea?

    Yes. The Korean Patent Act has no provision that excludes software or business methods from patentable subject matter.

  • How long do Korean patent trials take, and what do they cost?

    The average processing period for patent and utility model trials at the Intellectual Property Trial and Appeal Board (특허심판원, IPTAB) was 6.3 months in 2025. Over the last five years, the average was between 5.4 months and 7.1 months.

  • How does a trial for invalidation work in Korea?

    A trial for invalidation of a patent (무효심판) in Korea is heard by the Intellectual Property Trial and Appeal Board (IPTAB, 특허심판원). An interested party or an examiner can file the petition for trial (Patent Act, Art. 133(1)).