How long does patent examination take in Korea?

Sangwook Je, Partner · Published 26 October 2026

Last verified 9 October 2026

Time by stage at a glance

As of October 2026.

The IP Statistics does not give an average time from the first action to the decision to grant or the decision of rejection (decision to reject a patent application). The IP Statistics states that it contains statistics on a first action basis only. [3]

The average from the request for examination to the first action is 14.7 months

In 2025, the first action pendency for patents and utility models was 14.7 months. This is 1.4 months shorter than the 16.1 months of 2024. [3][4]

This figure is counted from the date of the request for examination, not from the filing date. MOIP defines first action pendency as the average time from the date of the request for examination to the date of the first action. [4] The date of the first action is the day on which the examiner first sends a Notice of Preliminary Rejection (의견제출통지서), a decision to register or a similar document. [4]

This figure combines patents and utility models. The IP Statistics does not give a first action pendency for patents alone. [3]

The time differs by technical field. In 2025, it was 13.2 months in electrical engineering and 17.5 months in chemistry. [3]

Examination follows the order of requests, and there is no statutory time limit

In Korea, a patent application is examined only when a request for examination is filed (Patent Act, Art. 59(1)). [1] The request can be filed within three years from the filing date of the patent application (Art. 59(2)). [1] If no request is filed within this period, the patent application is deemed withdrawn (Art. 59(5)). [1] For a divisional application, a separational application (splitting-off; 분리출원) or a converted application, the request can be filed within 30 days from the day that application was filed, even after the three years have passed (Art. 59(3)). [1]

The three-year period was set by the amended Patent Act (Act No. 14035), which entered into force on 1 March 2017. Patent applications filed before that date are subject to the five-year period under the previous provisions (Addenda to Act No. 14035, Art. 19). [1] As of 9 October 2026, the indicator description on the e-Nara Index (e-나라지표) states that the period for requesting examination of a patent is “within five years after filing”. That description does not fit patent applications filed on or after 1 March 2017. [1][4]

The order of examination follows the order of the requests for examination (Enforcement Rules of the Patent Act (특허법 시행규칙), Art. 38(1)). [2] The time from the filing date to the first action therefore depends on when the applicant requests examination.

A PCT international application designating Korea is deemed a patent application filed on its international filing date (Patent Act, Art. 199(1)). [1] The applicant of an international patent application can request examination only after filing the Korean translation and paying the official fees (Patent Act, Art. 210, subparagraph 1). [1] An international patent application filed in Korean has no translation requirement. [1] For an international patent application, the three-year period for requesting examination is counted from the international filing date (Patent Act, Arts. 199(1) and 59(2)). [1]

The Patent Act does not set a date by which the examiner must complete examination. The provisions of the Patent Act cited in this article are the same in the amended Patent Act that is scheduled to enter into force on 16 March 2027. [9] Article 66 of the Patent Act only provides that the examiner must issue a decision to grant if no ground for rejection is found. [1] The Regulations for the Handling of Patent and Utility Model Examination Affairs (특허·실용신안 심사사무취급규정, “Handling Regulations”), a directive of MOIP, sets a time limit for starting examination for some applications only. Examples are an application for which accelerated examination has been decided (Art. 66), an application for which deferred examination (심사유예) has been requested (Art. 21-2), and separational applications and converted applications (Art. 21). [5] For other applications, which are examined in the order of the requests for examination, no provision sets a time limit for starting examination. [5] The IP Statistics defines the start of examination as the examiner’s first notification of an opinion on the application. [3]

A divisional application is examined in the order of the request for examination of that divisional application, not of the original application (parent application), under Art. 20(1) of the Handling Regulations. [5][10] A separational application and a converted application are examined in the order of the request for examination of the original application (Art. 20(1)). [5] The regulation before 1 January 2025 provided that a divisional application also followed the order of the request for examination of the original application. [5] The amended provision of 1 January 2025 also applies to applications to which a processing period had already been assigned before that date (Addenda to Directive No. 1191, Art. 2). [5]

For a separational application, examination is started by the last day of the month that contains the later of two days: three months from the date of the request for examination, and two months from the date on which the application documents were transferred (Handling Regulations, Art. 21(3)). [5]

A decision on accelerated examination sets a separate time limit for starting examination

The Minister of Intellectual Property can have certain patent applications examined in priority over other patent applications (Patent Act, Art. 61). [1] The applications covered by subparagraphs 2 and 3 of that Article are defined in Article 9 of the Enforcement Decree of the Patent Act (특허법 시행령). [7] Accelerated examination can be requested only for an application for which examination has been requested, and only for the applications defined in Article 4 of the Public Notice on Request for Accelerated Examination on Patent or Utility Model (특허·실용신안 우선심사의 신청에 관한 고시, “Accelerated Examination Notice”). [6]

Whether to grant accelerated examination is decided within 7 days from the day the person in charge receives the transferred request (Handling Regulations, Art. 59(1)). [5] If a written amendment or a supplement is filed, the 7 days are counted again (Art. 59(2)). [5] The time limit for starting examination after the decision depends on the type of accelerated examination (Handling Regulations, Art. 66(1)). [5]

The three-month basis for PPH applies to requests for accelerated examination filed on or after 1 January 2025 (Addenda to Directive No. 1191, Art. 2). [5] Under the previous regulation, the basis was four months. [5] The requirements for a PPH request are set out in attached Table 2 of the Accelerated Examination Notice. A request based on a corresponding application requires that the most recent office action found at least one claim to be patentable. All claims of the Korean application must be the same as those claims or narrower than those claims. Attached Table 2 also sets the requirements for a request based on the results of the international search or the international preliminary examination. [6]

The time limit for starting examination has exceptions. When the search results of an authorized prior art search institute have been transferred, examination can be started by the last day of the month that contains the day one month after the transfer. This exception does not apply to super-accelerated examination. [5] If a written amendment is filed before examination starts, the time limit can change (Handling Regulations, Art. 66(2)). [5]

This time limit is a processing time limit that the directive sets for the examiner. If the examiner cannot start examination within the time limit, for example because of a sharp increase in requests, the examiner must report this to the head of the examination division (Handling Regulations, Art. 66(3)). [5]

Super-accelerated examination can be requested only for the applications listed in the subparagraphs of Article 4(2) of the Accelerated Examination Notice. One of them is an application directly related to export promotion (Art. 4(1), subparagraph 2 (c) (다목)). An application related to advanced technology whose scope is announced by the Minister of Intellectual Property (subparagraph 2 (r) (러목)) must also fall under item (h) (아목) or be an application of an announced start-up company. [6] The Minister of Intellectual Property announces the eligible applications, the request period and the maximum number of requests for super-accelerated examination (Accelerated Examination Notice, Art. 4(3)). [6] A request that does not match the announced eligibility or period, or that exceeds the maximum number, is treated as a request for ordinary accelerated examination (Art. 4(4)). [6]

Applications requiring urgent processing (Accelerated Examination Notice, Art. 4(1), subparagraph 2) are of several types. One type is an application for an invention that the applicant is working, or preparing to work, as a business (item (i) (자목)). [6] Another type is a Korean application that is the basis of a priority claim under the Treaty, where proceedings are in progress abroad on the basis of that priority claim (item (h) (아목)). [6] Another type is an international patent application for which MOIP carried out the international search and for which the document under Article 203 of the Patent Act has been filed (item (q) (더목)). [6]

The time after the first action depends on the applicant’s responses

When the examiner issues a notice of grounds for rejection, the examiner must set a period and give the applicant an opportunity to file a written argument (Patent Act, Art. 63(1)). [1] The period for submission of a written argument is set within four months (Enforcement Rules of the Patent Act, Art. 16(1), subparagraph 2). [2] This provision was promulgated on 11 July 2025 and entered into force on the same day. The previous rule set this period within two months. [2][11] If the written argument is ready early, a request for shortening of the period can be filed together with the written argument. [11]

The period for submission of a written argument can be extended (Patent Act, Art. 15(2)). [1] A request for extension is treated as one request for one month, or as several such requests filed together (Handling Regulations, Art. 23(2)). [5] A request to extend the period for submission of a written argument is deemed approved when it is received, as long as the extension does not go beyond four months from the expiration date of the designated period (specified period) (Handling Regulations, Art. 23(3)). [5] An extension beyond that range can be approved when the examiner finds it necessary (Art. 23(4)). [5]

After the decision to grant, the patent right arises only when the fee is paid. A patent right takes effect upon registration of the grant of a patent (registration of establishment of a patent right), under Art. 87(1) of the Patent Act. [1] The annual fees for the first three years are paid at once within three months from receipt of a certified copy of the decision to grant (Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙, “Fee Regulation”), Art. 8(5)). [8] After this period, late payment is still possible within six months (Patent Act, Art. 81(1)). [1]

Examination can also be deferred

After requesting examination, the applicant can request that examination take place later. Deferred examination is for an applicant who wishes to be examined after 24 months from the date of the request for examination (Enforcement Rules of the Patent Act, Art. 40-3(1)). [2] The request for deferred examination is filed within 9 months from the date of the request for examination, and the requested deferred examination date must be within 5 years from the filing date. [2] Instead of a separate request form, the applicant can state the request and the requested deferred examination date in the written patent application or in the written request for examination. [2] When deferred examination has been requested, the examiner can defer examination until the requested deferred examination date (Art. 40-3(3)). [2] To withdraw the request or change the requested deferred examination date, the applicant files a written withdrawal or a written amendment. The requested deferred examination date cannot be changed to a date on or before the day the written amendment is filed (Art. 40-3(2), as amended on 14 May 2026). [2]

An application for which accelerated examination has been decided cannot be deferred. The same applies to an application for which a ground for rejection or a decision to grant has already been notified. Separational applications, converted applications and applications filed by the legitimate right holder are also excluded (Art. 40-3(3)). [2] Divisional applications are not among the exclusions. [2][11]

An application with a request for deferred examination has its own time limit for starting examination. The reference date is the later of the requested deferred examination date and the day the application documents were transferred. Examination is started by the last day of the month that contains the day 12 months after that day (Handling Regulations, Art. 21-2). [5]

If registration is delayed, the term of the patent can be extended

If registration takes place later than the reference date, the term of the patent can be extended by the period of the delay. The reference date is the later of four years from the filing date of the patent application and three years from the date of the request for examination (Patent Act, Art. 92-2(1)). [1]

Periods delayed due to the applicant are excluded from the extension (Art. 92-2(2)). [1] Article 7-2 of the Enforcement Decree of the Patent Act defines these periods. One example is a period extended at the request of the applicant (Art. 7-2(1), subparagraph 1 (b) (나목)). [7] Another example is the period for submission of a written argument set in a notice of grounds for rejection. However, this does not apply when a decision to grant is issued without an amendment (subparagraph 1 (l) (타목)). [7] When the fee has been paid, the period from the date on which the certified copy of the decision to grant is served to the day of registration is also excluded (subparagraph 1 (m) (파목)). [7]

For a PCT international patent application, the four years are not counted from the international filing date. They are counted from the day the document under Article 203(1) of the Patent Act was filed (Patent Act, Art. 92-2(4), subparagraph 4). [1] For a divisional application, they are counted from the day the divisional application was filed (Art. 92-2(4), subparagraph 2). [1]

The application for registration of an extension of a patent must be filed within three months from the registration date of the patent right (Patent Act, Art. 92-3(2)). [1] This system applies to patent applications filed on or after 15 March 2012 (Addenda to Act No. 11117, Art. 3). [1]

Example: calculating the reference date

The dates are assumptions. The detailed rules for calculating periods are left out, and only the year and month are shown.

Take an application for which examination is requested in November 2026, and apply the 2025 average of 14.7 months as it is. The first action falls around January to February 2028. This value is an assumption based on a past average. It is not the expected date for any individual application.

What applicants should do

• In general, for an application where the timing of registration matters, we suggest checking whether it is eligible for accelerated examination when requesting examination.
• If a corresponding foreign application has claims that were found patentable, PPH is worth considering. Keep in mind that the claims of the Korean application must be conformed to those claims.
• For an application with no reason to hurry registration, the applicant can consider requesting examination later or requesting deferred examination. However, if the three-year period for requesting examination is missed, the application is deemed withdrawn.
• If the Korean schedule must be aligned with other countries, we suggest planning on the figure for the relevant technical field instead of the overall average.
• If the period for submission of a written argument is extended, that period is left out of the patent term extension for delay in registration (extension of the term of a patent right following delayed registration). We suggest taking this into account when deciding whether to extend.

FAQ

Is there a statutory time limit by which MOIP must complete examination?

No. The Patent Act provides that an application is examined only when examination is requested. It does not set a time limit for completing examination. [1]

Is the 14.7 months counted from the filing date?

No. It is the 2025 average of the time from the date of the request for examination to the first action of the examiner. [3][4]

Does registration take place within the 14.7 months?

No. The 14.7 months is the time to the first action. The time after that depends on the period for submission of a written argument and on whether it is extended. [2][5]

How much faster is accelerated examination?

Once accelerated examination is decided, a time limit for starting examination applies. It is the last day of the month that contains the day two months after the decision was sent. For PPH, it is the last day of the month that contains the day three months after the decision. For super-accelerated examination, it is the day one month after the decision was sent. This is a time limit for starting examination, not a time limit for registration. [5]

Is there compensation if examination is slow?

Yes. If registration takes place later than the later of four years from the filing date and three years from the date of the request for examination, the term of the patent can be extended. Periods delayed due to the applicant are excluded. [1]

How DEFINE IP Law Firm handles this

Before the request for examination, DEFINE IP Law Firm first confirms when the applicant wishes the patent to be registered. We then decide with the applicant which route fits that timing: ordinary examination, accelerated examination or deferred examination. When the period for submission of a written argument is to be extended, we also inform the applicant of the effect on the timing of registration. The schedule of an individual case should be confirmed with your agent. For questions about the timing of patent examination in Korea, please write to contact@defineip.kr.

Sources

1. Ministry of Intellectual Property (지식재산처), Patent Act (특허법), Act No. 21134, in force from 11 November 2025. Articles 15, 59, 61, 63, 66, 81, 87, 92-2, 92-3, 199, 203 and 210, Addenda to Act No. 11117, Art. 3, Addenda to Act No. 14035, Art. 19. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
2. 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 16, 38 and 40-3. The previous version of Article 16 is the version in force from 1 November 2024 (Ordinance of the Ministry of Trade, Industry and Energy No. 579). https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)
3. Ministry of Intellectual Property (지식재산처), 2025 Intellectual Property Statistics (2025 지식재산통계연보), publication registration No. 11-1431000-100081-10, published in 2026. Sections 3.2.8 and 3.2.9, definitions of terms. Listed under the key policy materials at https://www.index.go.kr/unify/idx-info.do?idxCd=2785 (verified 9 October 2026)
4. e-Nara Index (e-나라지표), Requests for Examination and Disposals of Patents, etc. (특허 등 심사청구/처리 현황), maintained by the Intellectual Property Information Policy Division of the Ministry of Intellectual Property, last updated 1 September 2026. https://www.index.go.kr/unify/idx-info.do?idxCd=2785 (verified 9 October 2026)
5. Ministry of Intellectual Property (지식재산처), Regulations for the Handling of Patent and Utility Model Examination Affairs (특허·실용신안 심사사무취급규정), MOIP Directive (지식재산처훈령) No. 41, in force from 1 July 2026. Articles 20, 21, 21-2, 23, 59 and 66, Addenda to Directive No. 1191, Art. 2. The previous version is Directive No. 1166 (in force from 17 May 2024). https://www.law.go.kr/행정규칙/특허·실용신안심사사무취급규정 (verified 9 October 2026)
6. Ministry of Intellectual Property (지식재산처), Public Notice on Request for Accelerated Examination on Patent or Utility Model (특허·실용신안 우선심사의 신청에 관한 고시), MOIP Notification (지식재산처고시) No. 2026-3, in force from 23 February 2026. Article 4, attached Table 2. https://www.law.go.kr/행정규칙/특허·실용신안우선심사의신청에관한고시 (verified 9 October 2026)
7. Ministry of Intellectual Property (지식재산처), Enforcement Decree of the Patent Act (특허법 시행령), Presidential Decree No. 35809, in force from 1 October 2025. Articles 7-2 and 9. https://www.law.go.kr/법령/특허법시행령 (verified 9 October 2026)
8. 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 8(5). https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
9. Ministry of Intellectual Property (지식재산처), Patent Act (특허법), version scheduled to enter into force, Act No. 21955, promulgated on 15 September 2026, in force from 16 March 2027. Compared article by article with the version in force. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
10. Korean Intellectual Property Office (KIPO, 특허청; now the Ministry of Intellectual Property), press release “‘진정한 발명자만 기재 가능’ 특허법 시행규칙 개정” (Enforcement Rules of the Patent Act amended so that only true inventors can be named), 31 October 2024. https://www.kipo.go.kr/ko/kpoBultnDetail.do?menuCd=SCD0200618&ntatcSeq=20279&aprchId=BUT0000029&sysCd=SCD02 (verified 9 October 2026)
11. Korean Intellectual Property Office (KIPO, 특허청; now the Ministry of Intellectual Property), press release “현장목소리 반영한 특허 심사절차 개선으로 출원인 편의↑” (Patent examination procedure improved to reflect feedback from the field, for greater convenience of applicants), 8 July 2025. https://www.kipo.go.kr/ko/kpoBultnDetail.do?menuCd=SCD0200618&ntatcSeq=20567&aprchId=BUT0000029&sysCd=SCD02 (verified 9 October 2026)