How do I get accelerated examination in Korea?

Sangwook Je, Partner · Published 26 October 2026

Last verified 9 October 2026

Accelerated examination in Korea at a glance

As of October 2026. The table concerns patent applications.

A request for accelerated examination needs a ground

Article 61 of the Patent Act (특허법) provides that the Minister of Intellectual Property (지식재산처장) can have an application examined ahead of others in three cases. [1] The first is where a person other than the applicant is found to be working the invention as a business after the application is laid open. The second is a patent application prescribed by Presidential Decree that is found to need urgent processing. The third is where the application is found to be necessary for the prevention of, response to or recovery from a disaster, and the like. [1]

The specific grounds are listed in Article 9 of the Enforcement Decree of the Patent Act (특허법 시행령) and in Article 4(1) of the Accelerated Examination Notice. [2][3] The Notice limits eligible applications to those for which examination has been requested and which fall under one of its subparagraphs. [3]

Article 61 is the same in the Patent Act (Act No. 21955) that will enter into force on 16 March 2027. [1]

Any person can request accelerated examination (Accelerated Examination Notice, Art. 3). [3] However, for an application that concerns the duties of the State or a local government, only the State or that local government can file the request. [3] A person who has received a warning from the applicant can also request accelerated examination of that application. [6]

This article covers seven grounds

An application by a foreign applicant is assessed by the same standard as an application by a Korean applicant (Patent Examination Guidelines (특허·실용신안 심사기준, “Examination Guidelines”), Part 7, Chapter 4, 3.1.1). [6] However, several grounds in the Notice presuppose a company status confirmed under Korean law or a Korean government program. Examples are applications by a venture business, by a technology-innovative small and medium enterprise, and by an exemplary company in terms of the employee invention compensation system. [3]

Of the grounds in the Notice, this article covers the seven below. The Notice also contains other grounds, such as applications related to the defense industry, pollution prevention facilities and disasters. [3]

The Notice defines a third party. A third party is a person who has not filed the application and who has not obtained a license to work the invention (Accelerated Examination Notice, Art. 2, subparagraph 2). [3]

Working by a third party requires that the application has been laid open. If it has not been laid open, a request for early publication must be filed. [6] Where a request for early publication has been filed, the request for accelerated examination is not dismissed and the decision is suspended. The same applies to an application that is expected to be laid open within 15 days from the day the request was transferred. [6] Laying-open is not a requirement for the other grounds. [6]

For an international patent application for which MOIP carried out the international search, it does not matter which office was the receiving Office. [6] This ground is not accepted for a divisional application, a separational application (splitting-off), a converted application or an application with a domestic priority claim based on that application. [6]

Fourth Industrial Revolution technology and carbon-neutral green technology do not require separate supporting documents. [6] For both grounds, the criterion is the new patent classification assigned to the application. [3] The Examination Guidelines state that the new patent classification system related to the Fourth Industrial Revolution applies to applications filed on or after 1 January 2018. They state that the new patent classification system related to carbon-neutral green technology applies to applications filed from January 2024. [6]

For carbon-neutral green technology, only some posted patent classifications are eligible. [6] The list in force from 19 February 2025 has five groups: carbon dioxide capture, next-generation nuclear power, hydrogen and ammonia, advanced mobility, and renewable energy. [12] If the content related to the Fourth Industrial Revolution is new matter added by amendment, the request is dismissed. [6]

For advanced technology, the eligible scope and the request period are set by announcement. [3] The current announcements cover seven fields (MOIP Announcements No. 2025-13 to No. 2025-19): semiconductors, displays, secondary batteries, bio (biotechnology), bio (healthcare), advanced robotics and artificial intelligence. [10] The announcements for artificial intelligence and bio (biotechnology) were issued again on 30 January 2026 (Announcements No. 2026-22 and No. 2026-21). [10]

In all seven fields, the eligible applications are those for which accelerated examination is requested by 31 October 2026. The announcements state that they are in operation for a limited time and that an extension will be reviewed afterwards. [10] For a request filed on or after 1 November 2026, a new announcement must be checked.

The advanced technology ground is not met by the technical field alone. The announcements also require a certain applicant or a certain origin of the application. One case is an application by a company that manufactures, or is preparing to manufacture, the related products or devices in Korea. Another case is an application for the results of a related national research and development program. [10] For semiconductors, secondary batteries and bio (biotechnology), applications by specialized universities (graduate schools) are also eligible. [10] For artificial intelligence, applications by companies that are developing artificial neural networks, training methods, systems and the like in Korea are also eligible. [10]

For the two bio fields, advanced robotics and artificial intelligence, a patent classification (CPC) set in the announcement must be assigned as the main classification. [10] The announcements for semiconductors, displays and secondary batteries exclude applications that apply the technology to another field. [10]

The requirements and documents for PPH are covered separately in another article of this series, “How do I use the PPH in Korea?” (한국에서 PPH는 어떻게 이용합니까?).

The working must take place in Korea

Where the applicant is a foreigner, the Examination Guidelines take working to mean working within Korea. A request for accelerated examination based on working in a foreign country is not accepted (Examination Guidelines, 3.1.1). [6] The guidance of MOIP is the same. It answers that accelerated examination is not granted on the basis of evidence of working in a foreign country. [7]

The meaning of working is the same for working by a third party and working by the applicant (Examination Guidelines, 4.11). [6] The Examination Guidelines treat this working as working under Article 2, subparagraph 3 of the Patent Act. [6] For an invention of a product, importing the product is also working (Patent Act, Art. 2, subparagraph 3 (a)). [1] If a product manufactured in a foreign country is being imported into Korea, this is accepted as working (Examination Guidelines, 4.1.2). [6]

The party that works the invention is the applicant. If the applicant and the person working the invention are different, the working by that person is accepted only where there is a contract on the working between the two (Examination Guidelines, 4.11). [6]

Some grounds were removed on 1 January 2024

An application for which a prior art search was commissioned from a specialized institution has not been eligible for accelerated examination since 1 January 2024. Applications by persons aged 65 or older and by persons with a health condition were removed on the same day. [6] Article 9(1), subparagraphs 11 and 12 were deleted in the amended Enforcement Decree that entered into force on that day. [2]

The previous provisions apply to a patent application for which accelerated examination was requested before 1 January 2024 (Addenda to Presidential Decree No. 33997, Art. 4). [2]

The request is filed together with or after the request for examination

Accelerated examination is for applications for which examination has been requested. The requester must file the request for examination before, or together with, the request for accelerated examination (Examination Guidelines, 3.1.2). [6] MOIP states that the request can be filed from the request for examination until the decision to grant or reject. [7] The request for examination and the request for accelerated examination can also be filed together with the application. [7]

Where accelerated examination is requested after examination has started, the request is still accepted as a proper request if the application is eligible (Examination Guidelines, 3.3.3.3). [6]

The documents are the request form, the written explanation and the supporting documents

The request form is the Request for Accelerated Examination, Form 22 of the Enforcement Rules of the Patent Act (특허법 시행규칙). One copy of the written explanation of the request for accelerated examination is attached. If an agent carries out the procedure, one copy of a document verifying the agency authority is also attached (Enforcement Rules, Art. 39). [9]

The supporting documents in attached Table 1 of the Accelerated Examination Notice are attached to the written explanation (Accelerated Examination Notice, Art. 5(1)). [3] For the urgent processing grounds and the disaster ground, the written explanation is prepared on Form 5 of the Notice. [3] For working by a third party, the written explanation must describe specifically how the third party has worked the invention. [3]

The comparison table is a document added by the Notice in force from 23 February 2026 (No. 2026-3). [3] This amendment applies to requests for accelerated examination filed on or after 23 February 2026. Applications for which the request was filed earlier follow the previous provisions (Addenda, Arts. 2 and 3). [3]

MOIP states that a business registration certificate alone does not prove that the invention is being worked as a business. [7]

The results of the requester’s own prior art search are stated in the written explanation if the requester wishes. If they are not stated, this is not a reason for an order to supplement or for dismissal (Examination Guidelines, 3.2.2). [6]

The invention that is eligible for accelerated examination must be stated in the claims. Eligibility is assessed on the claims as amended up to the time of the decision on accelerated examination. If one of the claims is eligible, the whole application is treated as eligible (Examination Guidelines, 3.1.4). [6]

The request can state several grounds. If any one of them applies, accelerated examination proceeds. [6] If the time limit for starting examination differs between the grounds, the examiner decides after confirming the intention of the requester (Examination Guidelines, 3.3.3.2). [6]

The official fee is KRW 200,000 and the general reductions do not apply

The fee for request for accelerated examination for a patent application is KRW 200,000 per application (Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙, “Fee Regulation”), Art. 2(1), subparagraph 8). [4] It does not depend on the number of claims. [7] This amount has been the same since the version in force from 18 February 2022. [4]

The requester receives a receipt number when filing the request and pays the fee for request for accelerated examination by the following day (Fee Regulation, Art. 8(4)). [4]

If the application is decided not to be eligible for accelerated examination, the official fee becomes KRW 40,000. The same applies where the request is abandoned or withdrawn before the decision. [4] MOIP states that it refunds the amount remaining after KRW 40,000 is deducted. [7] If the procedure for the request is invalidated or the request is returned at the formality examination, the full amount is refunded. [6]

Attached Table 5 of the Fee Regulation, which sets the general reductions for individuals and small and medium enterprises, does not include the fee for request for accelerated examination. [4] There is one temporary reduction. It is for a small and medium enterprise that requests accelerated examination of a patent application filed within 3 years from the day it started business. The reduction rate is 70 percent, for up to 10 cases per year. It applies where accelerated examination is requested by 31 December 2027 (attached Table 6). [4] It also applies where accelerated examination is requested for a patent application filed before the day the business started (attached Table 6, Note). [4]

After the decision to grant accelerated examination has been notified, the request cannot be withdrawn. A withdrawal that is filed is returned (Examination Guidelines, 3.2.3). [6]

The decision is made within 7 days, and examination starts on a 2-month basis

The request for accelerated examination is transferred to the examination bureau after the formality examination (Handling Regulations, Art. 57). [5] The official in charge decides whether to grant accelerated examination within 7 days from the day the request was transferred (Art. 59(1)). [5]

If the application is found not to be eligible, or if eligibility is unclear from the documents alone, an order to supplement is issued. The supplementation period is set within 1 month (Art. 60(1)). [5] When a supplement is filed, the 7 days are counted again. They run from the day after the later of the expiration date of the supplementation period and the day the documents were transferred (Art. 59(2)). [5] If the deficiency is not resolved by the end of the supplementation period, the request is dismissed and the dismissal is notified (Art. 62). [5] After a dismissal, a new request can be filed. [6]

When accelerated examination is decided, the requester and the applicant are notified immediately. PPH is excluded from this notification (Art. 65). [5]

The time limit for starting examination depends on the ground (Art. 66(1)). [5]

The 2-month basis was the same in the version in force from 17 May 2024. [5] The 3-month basis for PPH applies to requests for accelerated examination filed on or after 1 January 2025. In the version in force from 17 May 2024, it was 4 months. [5] If the last day of the month is a public holiday, that day is still the time limit. [6]

There are two cases in which the time limit can be later. The first is where the search results of a authorized prior art search institution have been transferred. Examination can then be started by the last day of the month that contains the day 1 month after the transfer. This proviso applies to the first and second rows of the table above (proviso to Art. 66(1)). [5] The second is where a written amendment is filed before examination starts. The time limit is then the last day of the month that contains the later of the original time limit and the day 1 month after the written amendment was transferred (Art. 66(2)). [5]

These time limits are set by an MOIP Directive as processing time limits for the examiner. [5] If examination cannot be started within the time limit, for example because of a sharp increase in requests, the examiner reports to the head of the examination division (Art. 66(3)). [5]

MOIP states that receipt, classification and the decision on accelerated examination take about 1 month. It states that the examination result can be received within 3 months or 4 months (+α) after the request, depending on the ground. If a supplement or an amendment is required, the result is delayed by that time. [7]

A divisional application filed from an application that received accelerated examination is treated separately. If accelerated examination is not requested for the divisional application, the date of the request for examination of the divisional application is the basis for starting examination (Examination Guidelines, 3.3.3.3). [6]

Super-accelerated examination is available only within the announced scope and number

Super-accelerated examination (초고속심사) is accelerated examination for being examined earlier than other applications for which accelerated examination has been requested (Accelerated Examination Notice, Art. 4(2)). [3] It was newly introduced on 15 October 2025. [6]

There are three eligible types. The first is an application directly related to export promotion. The second is an application that serves as the basis of a priority claim under the Treaty and that falls under an announced advanced technology. The third is an application that falls under an announced advanced technology and whose applicants at the time of first filing include an announced start-up company. [3] The third type was added by the Notice in force from 23 February 2026. [3] The Examination Guidelines in force from 13 March 2026 (Part 7, Chapter 4, 5.1.1) list only the first and second types as eligible for super-accelerated examination. On this point they differ from the Notice, and the eligible types are set by the Notice. [3][6]

The written explanation for super-accelerated examination is prepared on Form 6 of the Notice (Accelerated Examination Notice, Art. 6(4)). [3]

The Minister of Intellectual Property announces the eligible applications, the request period and the limit on the number of applications for super-accelerated examination. A request that does not match the announced eligibility or period is deemed a request for standard accelerated examination. The same applies to a request that exceeds the limit (Accelerated Examination Notice, Art. 4(3) and (4)). [3]

The operating plan for 2026 is in two announcements. The first and second types are each limited to 2,000 cases per year. The request period is from 1 January 2026 to 31 December 2026 (MOIP Announcement No. 2025-62). [11]

The third type is divided into two groups: the artificial intelligence and advanced robotics fields, and the bio (biotechnology) and healthcare fields. Each group is limited to 2,000 cases per year. The request period is from 23 February 2026 to 31 December 2026 (Announcement No. 2026-60). [11] The persons qualified to file the request are start-up companies, venture businesses and technology-innovative small and medium enterprises. All three are company types defined under Korean law. [11]

The fee for request for super-accelerated examination is the same as for standard accelerated examination. [11]

Example: a request based on working by the applicant in October 2026

Assume an application for a product that the applicant is selling in Korea. The dates are assumed.

If the decision is sent on 2 November 2026, the day 2 months after is 2 January 2027. The time limit for starting examination is then 31 January 2027. If the sending date moves into the next month, the time limit is one month later.

If an order to supplement is issued, the decision is delayed by that time and the time limit moves with it.

How Korea differs from US Track One

Track One of the United States Patent and Trademark Office (USPTO) is a program that is requested by paying a fee. It is requested when a utility or plant patent application is first filed. It can also be requested once for a request for continued examination (RCE). [8] Korea requires a ground and supporting documents, separately from the fee. The time for the request is not limited to the time of filing. It runs from the request for examination until the decision to grant or reject. [7]

The USPTO states that Track One allows a final disposition within about 12 months. The limit on the number of requests accepted in a fiscal year is 20,000. [8] The Korean Handling Regulations set a time limit for starting examination, not for the final disposition. [5]

What applicants should do

In general, we suggest proceeding as follows.

• Decide the ground first. If a corresponding foreign application has received a notice that claims are patentable, look at PPH first. If there are sales or imports in Korea, look at working by the applicant first.
• Check whether the International Searching Authority was MOIP. If ISA/KR appears at the bottom of the international search report, there is a ground that does not require separate proof of working.
• For a request based on working by the applicant, collect materials on the working in Korea. If a Korean distributor or a licensee works the invention, prepare the contract on the working as well.
• Prepare the comparison table first. If the correspondence between the product and the claims is not clear, review an amendment of the claims at the same time.
• A voluntary amendment filed before examination starts can make the time limit later. It is better to complete amendments before the request for accelerated examination.
• If a divisional application also needs fast examination, request accelerated examination separately for each divisional application.

Whether an individual case falls under a ground should be confirmed with your Korean agent.

FAQ

Can I get accelerated examination in Korea by paying an official fee alone?

No. The application must fall under one of the grounds in Article 4(1) of the Accelerated Examination Notice, and supporting documents must be filed depending on the ground. [3]

Can I file a request based on working by the applicant if the product is sold only outside Korea?

No, this is not accepted. The Examination Guidelines do not accept a request for accelerated examination based on working in a foreign country. If a product manufactured in a foreign country is being imported into Korea, this is accepted as working. [6]

Until when can accelerated examination be requested?

It can be requested after the request for examination and before the decision to grant or reject. It can also be requested together with the request for examination. [7] A request filed after examination has started is accepted if the application is eligible. [6]

Is the official fee refunded if accelerated examination is not granted?

Part of it is refunded. If the application is decided not to be eligible, the official fee becomes KRW 40,000 and the remainder is refunded. [4][7]

Can I request accelerated examination of a competitor’s application?

Yes. Any person can request accelerated examination. However, that application must fall under a ground in Article 4(1) of the Accelerated Examination Notice. [3] The Examination Guidelines separately provide for a request by a person who has received a warning from the applicant. [6]

How DEFINE IP Law Firm handles this

When preparing the request for examination, DEFINE IP Law Firm also checks whether there is a ground for accelerated examination. We look at working in Korea, the examination results of corresponding foreign applications, the International Searching Authority and the patent classification, in that order. Where the ground is working of the invention, we check the correspondence between the claims and the materials on the working before filing the request.

For questions about accelerated examination in Korea, please write to contact@defineip.kr.

Sources

1. Ministry of Intellectual Property (지식재산처), Patent Act (특허법), Act No. 21134, Article 2, subparagraph 3, Article 14, Article 61 and Article 203, in force from 11 November 2025. Compared with Article 61 of the version scheduled to enter into force (Act No. 21955, in force from 16 March 2027). https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
2. Ministry of Intellectual Property (지식재산처), Enforcement Decree of the Patent Act (특허법 시행령), Presidential Decree No. 35809, Articles 9 and 10, Addenda (No. 33997) Art. 4, in force from 1 October 2025. https://www.law.go.kr/법령/특허법시행령 (verified 9 October 2026)
3. 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 No. 2026-3, Articles 2 to 6, Addenda, attached Table 1 and the statement of reasons for the amendment, in force from 23 February 2026. https://www.law.go.kr/행정규칙/특허·실용신안우선심사의신청에관한고시 (verified 9 October 2026)
4. Ministry of Intellectual Property (지식재산처), Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Prime Ministerial Decree No. 2098, Article 2(1), subparagraph 8, Article 8, attached Table 5 and attached Table 6, in force from 27 February 2026. https://www.law.go.kr/법령/특허료등의징수규칙 (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 No. 41, Articles 57, 59, 60, 62, 65 and 66, Addenda (Directive No. 1191, in force from 1 January 2025), in force from 1 July 2026. Compared with Article 66 of Directive No. 1166 (in force from 17 May 2024). The numbering of the Directive started again from No. 1 with the Directive issued on 15 October 2025. https://www.law.go.kr/행정규칙/특허·실용신안심사사무취급규정 (verified 9 October 2026)
6. Ministry of Intellectual Property (지식재산처), Patent Examination Guidelines (특허·실용신안 심사기준), MOIP Established Rule No. 7, Part 7, Chapter 4, 2, 3, 4.1, 4.3, 4.11, 4.15, 4.16 and 5.1, in force from 13 March 2026. https://www.law.go.kr/행정규칙/특허·실용신안심사기준 (verified 9 October 2026)
7. Ministry of Intellectual Property (지식재산처), website pages “특허 우선심사제도 소개” (Introduction to the patent accelerated examination system, revised 3 September 2026) and “FAQ” (revised 31 July 2026). https://www.kipo.go.kr/ko/kpoContentView.do?menuCd=SCD0200225 , https://www.kipo.go.kr/ko/kpoContentView.do?menuCd=SCD0200226 (verified 9 October 2026)
8. USPTO, “USPTO’s Prioritized Patent Examination Program”, revised 8 July 2025. https://www.uspto.gov/patents/initiatives/usptos-prioritized-patent-examination-program (verified 9 October 2026)
9. Ministry of Intellectual Property (지식재산처), Enforcement Rules of the Patent Act (특허법 시행규칙), Prime Ministerial Decree No. 2115, Article 39, in force from 14 May 2026. https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)
10. Ministry of Intellectual Property (지식재산처), Announcements No. 2025-13 to No. 2025-19 “첨단기술 관련 출원의 우선심사 대상 지정 공고” (Announcement designating advanced technology applications eligible for accelerated examination, 31 October 2025), and Announcements No. 2026-21 and No. 2026-22 (30 January 2026). The first seven announcements are files attached to the page “특허 우선심사제도 소개”, and the last two are on the notices and announcements board. https://www.kipo.go.kr/ko/kpoContentView.do?menuCd=SCD0200225 , https://www.kipo.go.kr/ko/kpoBultnMgmt.do?menuCd=SCD0200610 (verified 9 October 2026)
11. Ministry of Intellectual Property (지식재산처), Announcement No. 2025-62 “2026년 초고속심사 운영규모 공고” (Announcement of the scale of super-accelerated examination in 2026, 29 December 2025), and Announcement No. 2026-60 “2026년 창업지원 초고속심사 운영규모 공고” (Announcement of the scale of super-accelerated examination for start-up support in 2026, 23 February 2026). https://www.kipo.go.kr/ko/kpoBultnMgmt.do?menuCd=SCD0200610 (verified 9 October 2026)
12. Ministry of Intellectual Property (지식재산처), “우선심사 대상 탄소중립 녹색기술 특허분류” (Carbon-neutral green technology patent classifications eligible for accelerated examination), in force from 19 February 2025. A file attached to the page “특허 우선심사제도 소개”. https://www.kipo.go.kr/ko/kpoContentView.do?menuCd=SCD0200225 (verified 9 October 2026)