Brief summary
- 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 filing date of the design application.
- The procedure depends on the class (category of products) of the article. Articles in Locarno Classes 1, 2, 3, 5, 9, 11 and 19 can be filed only as an application for registration of a partially-examined design (디자인일부심사등록출원). All other articles are filed as an application for registration of an examined design (디자인심사등록출원).
- Four of the time limits that the applicant must keep are given here first. A priority claim under the Treaty requires filing within 6 months from the filing date of the initial application. A written opinion is due within the period set by the examiner, which is up to 2 months. A request for re-examination or an appeal against a decision of rejection (determination to reject an application for design registration) is due within 3 months. The registration fee for the first 3 years is due within 3 months.
- Official fees are charged per design. For an electronic application, the application fee is KRW 94,000 per design (examined) or KRW 45,000 per design (partially examined). The registration fee for the first 3 years is KRW 75,000 per design.
Amounts are taken from the Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙) in force from 27 February 2026. Last verified on 9 October 2026.
Last verified
At a glance
As of October 2026. Amounts are for documents filed electronically.
| Stage | Time limit or amount | Basis |
|---|---|---|
| Application fee (application for registration of an examined design) | KRW 94,000 per design | Fee Regulation, Art. 4(1), subparagraph 1 (a) |
| Application fee (application for registration of a partially-examined design) | KRW 45,000 per design | Same subparagraph, item (c) |
| Priority claim under the Treaty | File within 6 months from the filing date of the initial application | Design Protection Act, Art. 51(2) |
| Priority document | Within 3 months from the Korean filing date | Design Protection Act, Art. 51(4) |
| Exception to lack of novelty (grace period) | File within 12 months from the date of disclosure | Design Protection Act, Art. 36(1) |
| Related design application | Within 3 years from the filing date of the principal design | Design Protection Act, Art. 35(1) |
| Written opinion | Period set by the examiner, up to 2 months | Enforcement Rule, Art. 29(1) |
| Request for re-examination or appeal against the decision to reject | Within 3 months from the date on which the certified copy of the decision of rejection is served | Design Protection Act, Arts. 64 and 120 |
| Payment of the registration fee for the first 3 years | Within 3 months from the date of receipt of a certified copy of the decision to grant | Fee Regulation, Art. 8(5) |
| Registration fee for the first 3 years | KRW 75,000 per design (KRW 25,000 per year) | Fee Regulation, attached Table 3 |
| Secret design | A period of up to 3 years from the registration date | Design Protection Act, Art. 43(1) |
| Term of the design right | Until 20 years after the filing date of the design application | Design Protection Act, Art. 91(1) |


Design registration in Korea is governed by a separate statute, not the Patent Act
In Korea, a design is registered under the Design Protection Act, not under the Patent Act (특허법). [1] The statutory terms are “design registration” (디자인등록) and “design right” (디자인권). [1]
Article 2, subparagraph 1 of the Design Protection Act defines a design as the shape, pattern or color of an article, or a combination of these. It must produce an aesthetic sense through the sense of sight. [1] In this provision, an article includes a part of an article, a font and an image. [1] An image is limited to one that is used to operate a device or through which a function is performed (Art. 2, subparagraph 2-2). [1]
The person who created the design, or the successor of that person, has the right to have a design registered (Design Protection Act, Art. 3(1)). [1]
An applicant with no address or place of business in Korea can take steps in a design procedure only through a design administrator (디자인관리인) (Design Protection Act, Art. 6(1)). [1] A design administrator is an agent with an address or place of business in Korea. There is an exception when the non-resident (a person with no domicile or place of business in Korea), or the representative of a corporation that is a non-resident, is staying in Korea. [1]
A foreigner who is a non-resident cannot enjoy rights relating to designs, except in the cases listed in the subparagraphs of Article 27 (Design Protection Act, Art. 27). [1] One of these cases is where the country of the foreigner grants rights to Korean nationals under the same conditions. [1] The subparagraphs also include the case where the rights are recognized under a treaty. [1]
The class of the article decides between registration of an examined design and registration of a partially-examined design
The type of application is not chosen by the applicant. It is determined by the class of the article. Article 37(4) of the Design Protection Act limits the articles that can be filed as an application for registration of a partially-examined design to those set by Prime Ministerial Decree. Those articles can be filed only as an application for registration of a partially-examined design. [1]
The articles set by the Prime Ministerial Decree are those in seven classes of the Locarno Agreement: Classes 1, 2, 3, 5, 9, 11 and 19 (Enforcement Rule of the Design Protection Act (디자인보호법 시행규칙), Art. 38(3)). [2] The Design Examination Guidelines (디자인심사기준) give the names of the seven classes as follows. [8]
| Class | Name given in the Design Examination Guidelines |
|---|---|
| Class 1 | Foodstuffs |
| Class 2 | Articles of clothing and haberdashery |
| Class 3 | Travel goods, cases, parasols and personal belongings, not elsewhere specified |
| Class 5 | Textile piece goods, artificial and natural sheet material |
| Class 9 | Packaging and containers for the transport or handling of goods |
| Class 11 | Articles of adornment |
| Class 19 | Stationery and office equipment, artists’ and teaching materials |
In an application for registration of a partially-examined design, only some of the requirements for registration are examined (Design Protection Act, Art. 2, subparagraph 6). [1] Article 62(2) lists the following provisions as grounds for rejection of an application for registration of a partially-examined design. [1]
- Art. 33(1), the part with the exception of the subparagraphs (the design must be industrially applicable)
- Art. 33(2), subparagraph 2 (a design that could have been easily created from widely known shapes, patterns, colors and the like)
- Art. 34 (designs that cannot be registered)
- Art. 37(4), Arts. 39 to 42, Art. 27, Art. 3(1), and violation of a treaty
Article 62(2) does not include the subparagraphs of Art. 33(1) (a design identical or similar to a publicly known design) or Art. 46 (earlier application). [1] It also does not include Art. 33(2), subparagraph 1 (a design that could have been easily created from a publicly known design or a combination of such designs) or Art. 33(3) (a design identical or similar to a part of a design in an earlier application). [1] There are two exceptions.
- Furnishing information: when information and evidence are furnished under Art. 55, the examiner can issue a decision of rejection on that basis (Art. 62(4)). [1]
- Clear cases: when the application clearly falls under one of the subparagraphs of Art. 33(1), the examiner can issue a decision of rejection. The same applies when it is clear that the design cannot be registered under Art. 46(1) or (2) (Art. 62(5)). [1]
Article 62(5) applies to design applications filed on or after 28 November 2025. This is because Article 2 of the Addenda to Act No. 20962 applies that Act to design applications filed on or after the date it entered into force. [1]
Registration of a partially-examined design has an opposition procedure after registration. Any person can file an opposition from the date the design right is registered until 3 months after the date of publication of registration (Design Protection Act, Art. 68(1)). [1] The grounds for opposition include violation of Arts. 33 to 35 and Art. 46(1) and (2). [1] The opposition fee is KRW 50,000 per design. [3]
A person who has received a notice concerning infringement of the design right can file an opposition until 3 months after the date of receiving that notice. However, this is not possible once 1 year has passed from the date of publication of registration (same paragraph). [1] This part was also introduced by Act No. 20962. [1][6] Article 2 of the Addenda to Act No. 20962 applies that Act to design applications filed on or after 28 November 2025. [1] The only provisions that the same Addenda separately apply to design rights already registered are Art. 96-2 and Art. 100-2 (Addenda, Art. 3). [1] The Design Examination Guidelines that revised the opposition procedure (MOIP Established Rule No. 4) also state in their Addenda that they apply to design applications filed on or after 28 November 2025. [8]
The applicant can file an amendment that changes an application for registration of a partially-examined design into an application for registration of an examined design, or the reverse (Design Protection Act, Art. 48(3)). [1]
The application states the article and its class and includes drawings
The application form states the applicant, the agent, the article that is the subject of the design and its class, and the creator (Design Protection Act, Art. 37(1)). [1] A drawing is attached to the application form for each design. The drawing states the article, its class and a description of the design (Art. 37(2)). [1] Photographs or a specimen can be submitted in place of the drawing (Art. 37(3)). [1]
For applications filed up to 27 November 2025, the drawing also had to state the “features of the creation” (창작내용의 요점). [6] Act No. 20962 removed this entry, and the removal applies to applications filed on or after 28 November 2025. [1]
The classification of articles follows the Locarno Agreement. Class 32 is excluded (Enforcement Rule, Art. 38(1)). [2]
In principle, one application is filed for each design (Design Protection Act, Art. 40(1)). [1] Up to 100 designs can be filed in one application if the articles belong to the same class. This is an application for registration of multiple designs (복수디자인등록출원) (Design Protection Act, Art. 41). [1] The application fee and the registration fee are charged per design in an application for registration of multiple designs as well. [3] The application fee is different when the drawings are prepared with software that is not provided by the Ministry of Intellectual Property. In that case the application fee is KRW 99,000 per case (examined) or KRW 50,000 per case (partially examined) (Fee Regulation, Art. 4(1), subparagraph 1, provisos to items (a) and (c)). [3] The Fee Regulation states the unit in these provisos as “per case” (매건), not “per design” (1디자인마다). [3]
Documents filed with the Ministry of Intellectual Property are written in Korean (Enforcement Rule, Art. 6(1)). [2] A power of attorney, a certificate of nationality and a priority document can be filed in a foreign language. A Korean translation is attached to foreign-language documents other than the priority document (Art. 6(2)). [2]
The filing date is the date on which the application form reaches the Minister of Intellectual Property (Design Protection Act, Art. 38(1)). [1] A filing date is not accorded in certain cases, for example when the application form is not written in Korean or when no drawing, photograph or specimen is submitted (subparagraphs of Art. 38(1)). [1] In these cases the applicant receives an order to supplement (order to amend in the official translation of the Act). If the applicant supplements within the specified period, the date on which the written supplement arrives becomes the filing date (Art. 38(4)). [1] In an application for registration of multiple designs, even if only some of the designs are supplemented, the date on which that written supplement arrives becomes the filing date of all of the designs (proviso to Art. 38(4)). [1] If the applicant does not supplement within the specified period, the application can be returned (Art. 38(5)). [1] The period for supplementing is set at up to 1 month (Enforcement Rule, Art. 29(1)). [2]
Korea grants registration to the first to file. When two or more applications for identical or similar designs are filed on different dates, only the applicant with the earlier filing date can obtain registration (Design Protection Act, Art. 46(1)). [1]
Time limits around filing: 6 months, 12 months and 3 years
A priority claim under the Treaty can be made only if the Korean application is filed within 6 months from the filing date of the initial application (Design Protection Act, Art. 51(2)). [1] The applicant states the priority claim, the country of the initial application and its filing date in the application form at the time of filing (Art. 51(3)). [1] The priority document is filed within 3 months from the Korean filing date (Art. 51(4)). [1] The fee for a priority claim is KRW 18,000 per priority claim. [3]
Both periods have a relief provision.
- An applicant who could not keep the 6-month period for good cause can still claim priority by filing within 2 months from the expiration date of that period (Art. 51-3(1)). [1]
- An applicant who could not file the priority document within 3 months for good cause can file it within 2 months from the expiration date of that period (Art. 51(5)). [1]
The two relief provisions apply to design applications filed on or after 21 December 2023 (Addenda to Act No. 19494, Art. 4). [1] If the priority document is not filed within the prescribed period, the priority claim loses its effect (Art. 51(6)). [1]
The period for the exception to lack of novelty is 12 months. It covers the case where a design of a person who has the right to have a design registered has been disclosed. If that person files within 12 months from that date, the design is deemed not to fall under Art. 33(1), subparagraph 1 or 2 (Design Protection Act, Art. 36(1)). [1] Subparagraphs 1 and 2 of Art. 33(1) cover, among others, designs that were publicly known or described in a publication before filing. [1] The exception does not apply when the application was published or the registration was published, in Korea or abroad, under a treaty or a statute (proviso to Art. 36(1)). [1] The former Art. 36(2) required the applicant to file, at set times, a document stating that intention and supporting documents. [6] That paragraph has been deleted, and the deletion applies to design applications filed on or after 21 December 2023 (Addenda to Act No. 19494, Art. 3). [1]
A related design must be filed within 3 years from the filing date of the principal design. A related design is a design that is similar only to the applicant’s own registered design or own filed design (Design Protection Act, Art. 35(1)). [1] A design cannot be registered as a related design if, at the time the related design is to be registered, the design right of the principal design has not been registered or has been extinguished (proviso to Art. 35(1)). [1] The same applies when an exclusive license has been established on the design right of the principal design (Art. 35(3)). [1] A design that is similar only to a related design cannot be registered (Art. 35(2)). [1] The design right of a related design expires on the same date as the design right of the principal design (Design Protection Act, proviso to Art. 91(1)). [1]
The filing period for a related design was extended from 1 year to 3 years on 21 December 2023. [1][6] The 3-year period applies to applications filed as a related design on or after that date. However, where the former 1-year period had already expired on 21 December 2023, the former provision applies (Addenda to Act No. 19494, Art. 2). [1]
When examination raises a ground for rejection, a written opinion is due within a period of up to 2 months
The Design Protection Act has no provision on a request for examination. [1] The Minister of Intellectual Property has an examiner examine each design application (Design Protection Act, Art. 58(1)). [1] The Design Examination Guidelines state that, in principle, design applications are examined in the order in which they were filed. [8]
The application is published when the applicant requests it (Design Protection Act, Art. 52(1) and (2)). [1] The Design Examination Guidelines state that, in principle, a design in a design application is not disclosed before the decision to grant. [8]
A request to publish the application cannot be filed after a certified copy of the first determination regarding design registration (grant or rejection) has been served (Art. 52(3)). [1] The request fee is KRW 21,000 per design. [3]
Before issuing a decision of rejection, the examiner gives notice of the grounds for rejection and an opportunity to file a written opinion (Design Protection Act, Art. 63(1)). [1] The period for submission of a written opinion is a period set by the examiner, up to 2 months (Enforcement Rule, Art. 29(1)). [2] The period set by the examiner can be extended at the request of the applicant (Design Protection Act, Art. 17(2)). [1] The fee for extending a specified period is KRW 20,000 for the part up to 1 month, and KRW 30,000 for the part over 1 month and up to 2 months. [3]
The applicant can amend the entries in the application form and the drawings within a scope that does not change the gist of the initial application (Design Protection Act, Art. 48(1)). [1] An amendment can be filed until the notice of the determination regarding design registration is sent. It can also be filed during the period for requesting re-examination, and within 30 days from the date of filing an appeal against the decision to reject (Art. 48(4)). [1]
In an application for registration of multiple designs, when a ground for rejection exists for only some of the designs, the examiner can issue a decision of rejection for those designs only (Design Protection Act, Art. 62(6)). [1] A decision to grant design registration is issued for the designs that have no ground for rejection (Design Protection Act, Art. 65). [1]
Accelerated examination (expedited examination) is available for two kinds of application. The first is an application for which it is recognized that, after publication of the application, a person other than the applicant is working (practicing) the design as a business (Design Protection Act, Art. 61(1), subparagraph 1). [1] The second is an application set by Presidential Decree that is recognized as needing urgent processing (Art. 61(1), subparagraph 2). [1] Article 6 of the Enforcement Decree of the Design Protection Act (디자인보호법 시행령) lists, among others, the following applications. Of the listed applications, those designated by the Minister of Intellectual Property are eligible. [4]
- An application for a design that the applicant is working or is preparing to work (subparagraph 10)
- An application that is the basis of a priority claim under the Treaty, where a procedure is pending before a foreign intellectual property office on the basis of that priority claim (subparagraph 9)
The fee for a request for accelerated examination is KRW 70,000 per design. [3]
A decision of rejection is answered within 3 months by re-examination or appeal
An applicant who has received a decision of rejection can take one of two steps within 3 months from the date on which the certified copy of the decision is served.
- Request for re-examination: the applicant amends the application and files the request (Design Protection Act, Art. 64(1)). [1] A further request cannot be filed against a decision of rejection issued in re-examination, and a request cannot be filed once an appeal has been filed. [1] A request for re-examination cannot be withdrawn (Art. 64(4)). [1] The amendment fee paid with a request for re-examination is KRW 30,000 per design. [3]
- Appeal against the decision to reject (trial on a determination to reject an application for design registration): the appeal is filed with the Intellectual Property Trial and Appeal Board (특허심판원, IPTAB) (Design Protection Act, Art. 120). [1] The fee is KRW 240,000 per design. [3]
The period for requesting a trial can be extended once only, by up to 30 days (Design Protection Act, Art. 17(1)). [1] For a person in a remote area or an area with poor access to transport, it can be extended one more time, by up to 30 days (proviso to Art. 17(1); Enforcement Rule, Art. 29(4)). [1][2] When the period for requesting a trial is extended, the period for requesting re-examination becomes that extended period (Design Protection Act, Art. 64(1)). [1]
When the applicant could not keep the period for requesting a trial for a cause not attributable to the applicant, subsequent completion of the procedure is available. It is possible within 2 months from the date the cause ceased to exist, and not after 1 year from the expiration date of the period (Design Protection Act, Art. 19). [1]
After the decision to grant, the registration fee for three years is due within 3 months
When the examiner finds no ground for rejection, the examiner issues a decision to grant design registration (Design Protection Act, Art. 65). [1] To obtain registration, the applicant must pay the registration fee for three years (Design Protection Act, Art. 79(1)). [1] The first 3 years are paid in one payment within 3 months from receipt of a certified copy of the decision to grant (Fee Regulation, Art. 8(5)). [3] The design right arises on registration (Design Protection Act, Art. 90(1)). [1]
The registration fee for the first 3 years is KRW 25,000 per design per year, which is KRW 75,000 for three years. The amount is the same for registration of an examined design and registration of a partially-examined design (Fee Regulation, attached Table 3). [3] Until 31 December 2029, KRW 10,000 is deducted if the design registration certificate is issued electronically. [3]
After the 3 months, payment is still possible within a further 6 months (Design Protection Act, Art. 82(1)). [1] In that case, 3% to 18% of the registration fee is added, depending on the number of months elapsed (Fee Regulation, Art. 8(6)). [3] If the fee is not paid within the grace period for late payment either, the application is deemed abandoned (Design Protection Act, Art. 82(3)). [1]
An applicant who could not pay within the grace period for late payment for good cause can pay within 2 months from the date the cause ended. Payment is not possible after 1 year from the later of the expiration date of the grace period for late payment and the expiration date of the period for the payment of the underpaid registration fee (Design Protection Act, Art. 84(1)). [1]
Article 84 changes on 16 March 2027. The amended provision allows a request for restoration in all cases except where the fee was intentionally not paid. The request is filed, with payment of an amount set by Prime Ministerial Decree, within 1 year from the later date (Act No. 21951). [5] As of 9 October 2026, the Fee Regulation in force (Prime Ministerial Decree No. 2098) has no provision setting this amount. [3] Article 90(2), subparagraph 4, which sets out a ground for registration of the grant of the design right, changes at the same time. The amended provision gives “when the amount determined under Article 84(1) has been paid” as a ground for that registration. [5] The amended provisions of Articles 84 and 90(2) apply to cases in which the grace period for late payment or the period for the payment of the underpaid registration fee expires on or after 16 March 2027 (Addenda to that Act, Art. 2). [5]
An applicant who has received a decision to grant on an application for registration of multiple designs can abandon individual designs when paying the registration fee (Design Protection Act, Art. 80(1)). [1]
The applicant can request that the design be kept secret for a period of up to 3 years from the registration date (Design Protection Act, Art. 43(1)). [1] The request can be filed from the filing date until the date on which the first registration fee is paid (Art. 43(2)). [1] The request fee is KRW 18,000 per design. [3] If the applicant requests publication of the application, the request for a secret design is deemed withdrawn (Art. 43(6)). [1]
The design right lasts until 20 years after the filing date, with a registration fee each year from year 4
The design right arises on the date of registration and lasts until 20 years after the filing date of the design application (Design Protection Act, Art. 91(1)). [1]
From year 4, the registration fee is paid one year at a time, in the preceding year, counted from the registration date (Fee Regulation, Art. 8(8)). [3] Years are counted from the registration date of the design right. [3]
| Years from the registration date | Application for registration of an examined design | Application for registration of a partially-examined design |
|---|---|---|
| Years 1 to 3 | KRW 25,000 per design per year | KRW 25,000 per design per year |
| Years 4 to 6 | KRW 35,000 per design per year | KRW 34,000 per design per year |
| Years 7 to 9 | KRW 70,000 per design per year | KRW 34,000 per design per year |
| Years 10 to 12 | KRW 140,000 per design per year | KRW 34,000 per design per year |
| Years 13 to 20 | KRW 210,000 per design per year | KRW 34,000 per design per year |
The official fees under Article 4 of the Fee Regulation and the registration fees in attached Table 3 that are given in this article are the same as the amounts in the Fee Regulation promulgated on 15 February 2021 (Ordinance of the Ministry of Trade, Industry and Energy No. 410). [3][7] These amounts did not change in Article 4 and attached Table 3 of the seven versions that followed, up to the version in force from 27 February 2026. [3][7] Therefore, since 15 February 2021, these amounts do not differ by filing date or payment date.
When Korea is designated in a Hague international application
An international registration under the Hague Agreement that designates Korea is deemed a design application under the Design Protection Act (Design Protection Act, Art. 179(1)). [1] The date of the international registration is deemed the filing date of the Korean design application (Art. 179(2)). [1] The design is examined, but the following points differ from a direct application.
- Official fees: the designation fee is paid to the International Bureau. Articles 79 to 84 of the Design Protection Act, on registration fees, do not apply (Design Protection Act, Art. 196). [1] The official fee for an examined application is KRW 239,000 per design (Fee Regulation, Art. 12(2), subparagraph 2 (b)). [3] For a partially examined application, it is the level three standard designation fee set in the Schedule of Fees of the Regulations Under the Geneva Act (1999) of the Hague Agreement (same subparagraph, item (a)). [3]
- Notice of grounds for rejection: the examiner notifies the applicant through the International Bureau (Design Protection Act, Art. 194). [1]
- Registration: when a decision to grant design registration is issued, the Minister of Intellectual Property registers the design right (Design Protection Act, Art. 198(2)). [1]
- Term: from the date of registration in Korea until 5 years after the date of the international registration, renewable every 5 years (Design Protection Act, Art. 199). [1] When the decision to grant is issued and the design right is registered on or after the date that is 5 years after the date of the international registration, the term runs until 5 years after that date (proviso to Art. 199(1)). [1]
- Drawings: Article 37(3), which allows photographs or a specimen in place of the drawing, does not apply (Design Protection Act, Art. 181(3)). [1]
Example: 1 design, 3 designs and 10 designs
The figures assume an electronic application, drawings prepared with software provided by the Ministry of Intellectual Property, no priority claim and no fee reduction. The 3-design and 10-design cases are each one application for registration of multiple designs. Agent fees and translation costs are not included. The KRW 10,000 deduction for an electronic registration certificate is also not applied.
| Item | 1 design | 3 designs | 10 designs |
|---|---|---|---|
| Application fee (application for registration of an examined design) | KRW 94,000 | KRW 282,000 | KRW 940,000 |
| Application fee (application for registration of a partially-examined design) | KRW 45,000 | KRW 135,000 | KRW 450,000 |
| Registration fee for the first 3 years | KRW 75,000 | KRW 225,000 | KRW 750,000 |
| Total up to registration (application for registration of an examined design) | KRW 169,000 | KRW 507,000 | KRW 1,690,000 |
| Total up to registration (application for registration of a partially-examined design) | KRW 120,000 | KRW 360,000 | KRW 1,200,000 |
For 10 designs registered under registration of an examined design, the registration fee for year 4 is KRW 350,000. For the same number of designs under registration of a partially-examined design, it is KRW 340,000.
What applicants should do
- In general, where there is a home-country application, we suggest managing the date that is 6 months from the filing date of the initial application as the deadline for the Korean application.
- If the design has already been disclosed, we suggest also managing the date that is 12 months from the disclosure date.
- Before filing, we suggest checking which class of the Locarno Classification the article belongs to. The class decides between registration of an examined design and registration of a partially-examined design, and it changes the application fee and the registration fee from year 4.
- Where there are several designs in the same class, an application for registration of multiple designs is worth considering. Even if a ground for rejection is raised for only some of the designs, the remaining designs can receive a decision to grant.
- If variant designs are planned, we suggest recording the date that is 3 years from the filing date of the principal design as the deadline for related designs.
- To keep the design out of the gazette before the product launch, we suggest considering a request for a secret design before paying the first registration fee.
- For decisions in an individual case, please confirm with your Korean agent.
FAQ
Does Korea have a “design patent”?
There is no system with that name. In Korea, designs are protected by design registration under the Design Protection Act. [1] The design right lasts until 20 years after the filing date of the design application. [1]
Can the applicant choose between registration of an examined design and registration of a partially-examined design?
No. Articles in Locarno Classes 1, 2, 3, 5, 9, 11 and 19 can be filed only as an application for registration of a partially-examined design. [1][2]
Can several designs be filed in one application?
Up to 100 designs can be filed in one application if the articles belong to the same class (Design Protection Act, Art. 41). [1] The application fee and the registration fee are charged per design. [3]
Can the application form be filed in English?
No. If the application form is not written in Korean, a filing date is not accorded (Design Protection Act, Art. 38(1), subparagraph 4). [1] A power of attorney, a certificate of nationality and a priority document can be filed in a foreign language. [2]
What happens if the registration fee is not paid in time?
After the 3 months, the fee can still be paid within 6 months with 3% to 18% added. [1][3] If it is not paid in that period either, the application is deemed abandoned (Design Protection Act, Art. 82(3)). [1] If there was good cause, the fee can be paid within 2 months from the date the cause ended. The limit is 1 year from the later expiration date. [1]
How DEFINE IP Law Firm handles this
When DEFINE IP Law Firm takes on a Korean design application, we first check the class of the article before filing. This is because the class decides between registration of an examined design and registration of a partially-examined design. We check the 6-month priority period, the 12-month period for the exception to lack of novelty and the 3-year period for related designs together before filing. For questions about Korean design applications, please write to contact@defineip.kr.
Sources
- Design Protection Act (디자인보호법), Act No. 21065, version in force from 28 November 2025. Articles 2, 3, 6, 17, 19, 27, 33 to 38, 40, 41, 43, 46, 48, 51, 51-3, 52, 58, 61 to 65, 68, 79, 80, 82, 84, 90, 91, 120, 179, 181, 194, 196, 198 and 199; Addenda (Act No. 19494, 20 June 2023) Arts. 2, 3 and 4; Addenda (Act No. 20962, 27 May 2025) Arts. 2 and 3. https://www.law.go.kr/법령/디자인보호법 (verified 9 October 2026)
- Enforcement Rule of the Design Protection Act (디자인보호법 시행규칙), Prime Ministerial Decree No. 2119, in force from 17 June 2026. Articles 6, 29(1) and (4), and 38. https://www.law.go.kr/법령/디자인보호법시행규칙 (verified 9 October 2026)
- Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Prime Ministerial Decree No. 2098, in force from 27 February 2026. Articles 4, 8 and 12, attached Table 3. https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
- Enforcement Decree of the Design Protection Act (디자인보호법 시행령), Presidential Decree No. 35874, in force from 28 November 2025. Article 6. https://www.law.go.kr/법령/디자인보호법시행령 (verified 9 October 2026)
- Design Protection Act (디자인보호법), Act No. 21951, promulgated on 15 September 2026, to enter into force on 16 March 2027. Articles 84 and 90(2), Addenda Art. 2. https://www.law.go.kr/법령/디자인보호법 (verified 9 October 2026)
- Earlier versions of the Design Protection Act (디자인보호법): Act No. 18998 (in force from 18 October 2022), Articles 35, 36 and 51; Act No. 20692 (in force from 22 July 2025), Articles 37, 62 and 68. Version history at https://www.law.go.kr/법령/디자인보호법 (verified 9 October 2026)
- Earlier versions of the Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙): Ordinance of the Ministry of Trade, Industry and Energy No. 410 (promulgated on 15 February 2021), Ordinance of the Ministry of Trade, Industry and Energy No. 499 (in force from 4 February 2023), and the five versions between and after them (in force from 18 February 2022, 1 August 2023, 1 May 2024, 1 January 2025 and 1 October 2025). Article 4, attached Table 3. Version history at https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), Design Examination Guidelines (디자인심사기준), MOIP Established Rule No. 4, in force from 28 November 2025. Part 5, Chapter 5 (publication of the application), Chapter 7 (accelerated examination), Chapter 9 (examination of partially examined design registration applications), Chapter 10 (examination of oppositions to partially examined design registrations), Addenda. https://www.law.go.kr/행정규칙/디자인심사기준 (verified 9 October 2026)