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.
- Insights (33)
- Korean IP System (9)
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How does the Patent Prosecution Highway work in Korea?
The Patent Prosecution Highway (PPH, 특허심사하이웨이) in Korea is not a separate system. It is one type of accelerated examination (expedited examination, 우선심사). The applicant files a written request for accelerated examination and pays the fee for request for accelerated examination of KRW 200,000.
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How do I get accelerated examination in Korea?
Accelerated examination (우선심사; expedited examination) in Korea is not available on payment of an official fee alone. The application must fall under one of the grounds for a request that are set by law.
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How long does patent examination take in Korea?
In 2025, the average first action pendency (심사처리기간) for patent and utility model applications in Korea was 14.7 months. This is the time from the request for examination to the first action of the examiner. [3]
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When must examination be requested in Korea?
The deadline for a request for examination of a Korean patent application is three years from the filing date (Patent Act (특허법), Art. 59(2)).
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Can I file a patent application in English in Korea?
Yes. The specification and the captions in the drawings can be written in English. English is the only foreign language allowed.
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Is a power of attorney required for a Korean patent application?
Yes. In Korea, the authority of an agent must be proved in writing, and that writing is the power of attorney (위임장) (Patent Act, Art. 7).
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What documents are needed to file a patent application in Korea?
A Korean patent application consists of a written patent application, a specification, an abstract and any necessary drawings. A power of attorney is added when an agent takes the procedure.
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Can the Korean translation be filed after the national phase deadline?
Yes, but only 1 month later, and only if the extension was requested within the time limit.
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What is the deadline for entering the Korean national phase?
The deadline for entry into the Korean national phase of a PCT international application is 2 years and 7 months (31 months) from the priority date. [1]
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How much are Korean patent annual fees, and when are they due?
Korean patent annual fees are counted from the date of registration of the grant of the patent (the registration date), not from the filing date. No annual fees are due while the application is pending.