What documents are needed to file a patent application in Korea?

Sangwook Je, Partner · Published 26 October 2026

Last verified 9 October 2026

Documents and time limits at a glance

As of October 2026. The table applies to the Paris Convention route and to direct filings in Korea. For the PCT national phase, see “The PCT national phase uses different documents” below.

The amended Patent Act (Act No. 21955) that will enter into force on 16 March 2027 does not change the provisions cited in this table. [8]

The written patent application is filed with a specification, an abstract and drawings

The basic documents of a Korean patent application are the written patent application (특허출원서) and the specification, abstract and drawings attached to it. Article 42(2) of the Patent Act requires a specification, any necessary drawings and an abstract to be attached to the written patent application. [1] Article 21(1) of the Enforcement Rules sets Form 14 as the written patent application and lists three kinds of attachments: the specification, abstract and drawings; a document proving the authority of an agent; and other supporting documents required by statute. [2]

The written patent application states four things: the name and address of the applicant, the name and address of the agent, the title of the invention, and the name and address of the inventor (Patent Act, Art. 42(1)). [1] A corporation states its name and the location of its place of business. [1] The form of the written patent application has fields for the title of the invention in both Korean and English. [2]

The filing date is the date on which a written patent application with a specification and any necessary drawings attached reaches the Minister of Intellectual Property (지식재산처장) (Patent Act, Art. 42-2(1)). [1] At that point the specification may omit the claims, but it must contain the description of the invention. [1] A written patent application with no specification, or with no description of the invention, is subject to return (Enforcement Rules, Art. 11(1), subparagraph 5). [2]

If the application was filed without claims, the applicant must file an amendment that adds the claims by the day that falls 1 year and 2 months later. [1] The period starts on the filing date of the application on which the priority claim is based, or on the earliest priority date if there are two or more. If there is no priority claim, the period starts on the filing date of the patent application (Patent Act, the subparagraphs of Art. 64(1)). [1] If no amendment is filed, the application is deemed withdrawn on the day after the time limit (Patent Act, Art. 42-2(3)). [1] An application filed without claims can use a provisional specification (임시 명세서) that does not follow the prescribed form (Enforcement Rules, Art. 21(5)). [2] When a provisional specification is filed, the applicant states this in the written patent application (Enforcement Rules, Art. 21(6)). [2] Articles 42-2 and 42-3 of the Patent Act entered into force on 1 January 2015. Applications filed before that date fall under the previous provisions (Addenda to Act No. 12753, Art. 8). [1]

Documents are written in Korean (Enforcement Rules, Art. 4(1)). [2] However, the specification and the captions in the drawings can be written in English if the applicant states this in the written patent application (Patent Act, Art. 42-3(1); Enforcement Rules, Art. 21-2). [1][2] In that case the Korean translation is filed by the day that falls 1 year and 2 months after the earliest priority date or the filing date. [1] If the Korean translation of the specification is not filed, the application is deemed withdrawn on the day after the time limit (Patent Act, Art. 42-3(4)). [1]

When a person other than the applicant requests examination, the Minister of Intellectual Property notifies the applicant (Patent Act, Art. 60(3)). [1] If the applicant receives this notice before the original time limit, both time limits can become earlier. The time limit is the earlier of the day that falls 3 months after receipt of the notice and the original time limit (Patent Act, proviso to Art. 42-2(2) and proviso to Art. 42-3(2)). [1]

A foreign applicant needs a patent administrator and a power of attorney

An applicant with no address or place of business in Korea can take patent procedures only through a patent administrator (특허관리인) (Patent Act, Art. 5(1)). [1] Article 5(1) of the Patent Act makes an exception where the overseas resident (재외자, a person with no domicile or place of business in Korea), or the representative of an overseas resident that is a corporation, is staying in Korea. [1] A patent administrator is an agent who has an address or place of business in Korea. [1] Application documents filed by an overseas resident without a patent administrator are subject to return (Enforcement Rules, Art. 11(1), subparagraph 6). [2]

The authority of an agent, including a patent administrator, must be proved in writing (Patent Act, Art. 7). [1] That written proof is the power of attorney in Form 1 of the Enforcement Rules (Enforcement Rules, Art. 5(1)). [2] The power of attorney states the agent, the identification of the case, the principal, the matters delegated and the date of delegation, and the principal signs or seals it. [2] If the agent files the power of attorney attached to the written patent application, no separate report of appointment of an agent is filed (Enforcement Rules, proviso to Art. 5(2)). [2]

When documents are filed electronically, a signed power of attorney can be filed as a scanned copy (Enforcement Rules, Art. 3-2(1)). [2] The instructions for the power of attorney form state that a signed or sealed power of attorney can be converted into an electronic image and filed as an attachment. [2] If the image is difficult to read and the Minister finds that confirmation is necessary, the Minister can order the paper document to be filed (Enforcement Rules, Art. 3-2(2)). [2]

A power of attorney written in a foreign language must have a Korean translation attached (Enforcement Rules, Art. 4(2)). [2]

Neither the power of attorney form nor Article 5 of the Enforcement Rules contains wording that requires notarization or consular confirmation. [2] The Minister can require documents when the Minister finds that specific confirmation of the person taking the procedure is necessary. The documents listed in Article 8(1) of the Enforcement Rules include a certificate of nationality, a certificate of seal impression and a notarial certificate of a signature. [2] For a foreigner, the documents on the signature also include a certificate from a public office of the home country stating that the person signed in person (Enforcement Rules, Art. 8(1), subparagraph 3). [2] When ordering submission, the Minister states the name of the document and the reason, and gives an opportunity to explain (Enforcement Rules, Art. 8(4)). [2] If the documents are not filed within the period to explain and no justified explanation is given, the application documents are subject to return (Enforcement Rules, Art. 11(1), subparagraph 14). [2]

An agent can perform the acts listed in Article 6 of the Patent Act only with special authorization. The same applies to a patent administrator. [1] The acts listed in Article 6 include the following: conversion, abandonment or withdrawal of an application; withdrawal of a request or petition; a domestic priority claim and its withdrawal; and appointment of a sub-agent. [1] Under the Patent Examination Guidelines (특허·실용신안 심사기준) of the Ministry of Intellectual Property, a power of attorney that states the matters delegated only as “all matters” is treated as not including the matters that need special authorization. [6]

An applicant who files several applications can use a general power of attorney (포괄위임). It is registered by filing a request for registration of a general power of attorney (Form 3) with the general power of attorney attached (Enforcement Rules, Art. 5-2(1)). [2] An agent who holds a general power of attorney states the general power of attorney registration number in the documents filed (Enforcement Rules, Art. 5-2(3)). [2] When an agent with a registered general power of attorney takes a procedure within its scope, the document proving authority can be omitted (Enforcement Rules, Art. 10(3), subparagraph 2). [2]

If the power of attorney is missing, the Patent Examination Guidelines treat the case as unauthorized representation and an amendment is required. When a correct power of attorney is filed, the principal is regarded as having ratified the acts. If the acts are not ratified, the procedure taken by the agent is invalidated. [6]

An applicant code is issued from the details of the applicant and the inventor

An applicant must apply to the Ministry of Intellectual Property for an applicant code (특허고객번호), which is a unique identification number (Patent Act, Art. 28-2(1); Enforcement Rules, Art. 9). [1][2] The request is made in Form 4. [2] If the applicant does not apply, the Minister assigns a number ex officio (Patent Act, Art. 28-2(3)). [1]

A foreign corporation attaches one of the following supporting documents to the request for an applicant code: a certificate of corporate nationality, a certificate of the corporation, the priority document, or a document that shows the name and address of the corporation. [2] The name of a foreign corporation is stated as its official English name together with a Korean transliteration of that name. [2]

For an inventor who has no applicant code, the personal details are stated in the written patent application. These are the name in Korean and in English, the nationality, the address and the country of residence. [2]

The priority document is filed within 1 year and 4 months from the earliest priority date

To make a priority claim under the Treaty (조약우선권), the written patent application must state the claim, the country of the first filing and the date of that filing (Patent Act, Art. 54(3)). [1] The application must be filed within 1 year from the first filing date (Patent Act, Art. 54(2)). [1]

The priority document is a document certified by the government of the country of the first filing. It consists of a statement of the filing date and a copy of the specification and drawings (Patent Act, Art. 54(4), subparagraph 1). [1] The time limit is 1 year and 4 months from the earliest priority date (Patent Act, Art. 54(5)). [1] If the document is not filed within the time limit, the priority claim loses effect (Patent Act, Art. 54(6)). [1]

For applications from some countries, the application number and an access code can be stated in place of the document. These are the countries that exchange priority documents electronically and that the Minister of Intellectual Property has designated by public notice (Enforcement Rules, Art. 25(2)). [2] The Public Notice (Notification) defines two groups. The first is the countries that have agreed with WIPO to transmit documents through the WIPO Digital Access Service (DAS) and that are posted on the website of the Ministry of Intellectual Property. The second is Taiwan. [5] In this case the written patent application states the application number of the first filing and the access code (Enforcement Rules, Art. 25(7)). [2]

The DAS route has a condition. The Public Notice limits it to cases where it is confirmed that the Minister was able to obtain the document from WIPO within the time limit for filing. [5]

The priority document is excluded from the documents that must have a Korean translation attached (Enforcement Rules, Art. 4(2)). [2] However, the Minister can set a period and order a Korean translation to be filed when it is needed for examination (Enforcement Rules, Art. 25(3)). [2]

Further documents depend on the content of the invention

If a person with the right to obtain the patent disclosed the invention before filing, supporting documents for the disclosure exception (공지예외) are filed. A person who relies on Article 30(1), subparagraph 1 of the Patent Act states this in the written patent application and files the supporting documents within 30 days from the filing date (Patent Act, Art. 30(2)). [1] The disclosure exception applies when the application is filed within 12 months from the date of disclosure (Patent Act, Art. 30(1)). [1] The Patent Examination Guidelines of the Ministry of Intellectual Property state that an application with a priority claim under the Treaty must also be filed in Korea within 12 months from the date of disclosure. [6] A case where the application was laid open or the registration was published, in Korea or abroad, under a treaty or statute is excluded (proviso to subparagraph 1 of the same paragraph). [1]

If the 30 days are missed, there are two periods in which the documents can still be filed on payment of a supplementary fee (Patent Act, Art. 30(3)). The first is the period in which an amendment can be filed under Article 47(1) of the Patent Act. The second is within 3 months from the date on which the certified copy of the decision to grant is served. If the date when the applicant intends to have the grant of the patent registered is earlier, the period ends on that date. [1] Article 30(3) of the Patent Act applies to patent applications filed on or after 29 July 2015 (Addenda to Act No. 13096, Art. 2(1)). [1]

For an invention relating to a microorganism, the applicant deposits the microorganism before filing and attaches the supporting document to the written patent application (Enforcement Decree of the Patent Act (특허법 시행령), Art. 2). [3] For a deposit with an international depositary authority, the supporting document is a copy of the latest receipt issued under Rule 7 of the Regulations under the Budapest Treaty (Enforcement Decree of the Patent Act, Art. 2(2)). [3] If the deposit was made with a domestic depositary institution or an international depositary authority located in Korea, the document need not be attached. [3] A microorganism that a person skilled in the art can easily obtain need not be deposited. [3]

An application that contains nucleotide or amino acid sequences has an electronic sequence listing file attached to the written patent application (Enforcement Rules, Art. 21-4(1)). [2] The current Article 21-4 applies to patent applications filed on or after 1 July 2022 (Addenda No. 474 to the Enforcement Rules, Art. 2). [2]

A certificate of transfer is not named among the attachments listed in Article 21(1) of the Enforcement Rules. [2] However, when a successor takes a procedure, the Minister can require a document proving that the person is the successor if the Minister finds it necessary (Enforcement Rules, Art. 7(1)). [2]

Official fees are due by the day after the receipt number is issued

A person who takes a patent procedure must pay the official fees (Patent Act, Art. 82(1)). [1] As a rule, the fees are due by the day after the day on which the receipt number is issued (Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Art. 8(1)). [4] For a PCT national phase application that requires a translation, the receipt number is issued when the translation is filed, and the fees are due by the following day (subparagraph 5 of the same paragraph). [4]

The written patent application and its attachments can be prepared as electronic documents and filed through an information and communications network (Patent Act, Art. 28-3(1)). [1] Attachments that were not attached to the online filing are filed on paper within 3 days from the day on which the receipt number is confirmed (Enforcement Rules, Art. 9-5). [2]

If the formalities are not met or the fees are not paid, the Minister of Intellectual Property sets a period and issues an order to amend (Patent Act, Art. 46). [1] If no amendment is filed in that period, the procedure can be invalidated (Patent Act, Art. 16(1)). [1] If there was good cause for missing the period, the applicant can request revocation of the invalidation of the procedure. The request must be made within 2 months from the date on which the cause ceased to exist, and it cannot be made once 1 year has passed from the expiration date of the designated period (specified period) (Patent Act, Art. 16(2)). [1]

The PCT national phase uses different documents

An applicant who enters Korea through a PCT international application does not file a written patent application. The applicant files the document under Article 203 of the Patent Act. This document is Form 57 of the Enforcement Rules (Enforcement Rules, Art. 114(1)). [2] It states the applicant, the agent, the title of the invention, the inventor, and the international filing date and international application number (Patent Act, Art. 203(1)). [1]

The time limit is 31 months from the priority date (Patent Act, Art. 201(1)). [1] An applicant whose international application was filed in a foreign language files the Korean translation together with the document. The translation covers the description of the invention, the claims, the captions in the drawings and the abstract. [1] When an agent takes the procedure, the document proving the authority of the agent is also attached (Enforcement Rules, Art. 114(1), subparagraph 2). [2]

The time limit for the translation can be extended by 1 month. The applicant must state the extension in the document and file it from 1 month before the expiration date of the period until the expiration date (Patent Act, proviso to Art. 201(1)). [1] This does not apply if the translation was already filed before that document. [1] If the translation of the description of the invention and the claims is not filed within the time limit, the application is deemed withdrawn (Patent Act, Art. 201(4)). [1] If the document under Article 203 is not filed within the period for submitting domestic documents (국내서면제출기간), the Minister of Intellectual Property issues an order to amend, and if no amendment is filed the Minister can invalidate the international patent application (Patent Act, Art. 203(3) and Art. 203(4)). [1]

Article 54 of the Patent Act does not apply to an international patent application (Patent Act, Art. 199(2)). [1] The time limit of 1 year and 4 months in Article 54(5) therefore does not apply to an international patent application. Articles 42-2 and 42-3, which provide for filing in English and deferred submission of claims, do not apply either. [1]

An overseas resident who is the applicant of an international patent application can take the procedure without a patent administrator until the reference date (Patent Act, Art. 206(1)). [1] The reference date is the expiration date of the period for submitting domestic documents, or the date of the request for examination if the applicant requested examination within that period. [1] An overseas resident who has filed the translation must appoint a patent administrator and report the appointment within 2 months from the reference date (Enforcement Rules, Art. 116). [2] If no report is filed, the application is deemed withdrawn (Patent Act, Art. 206(3)). [1]

In the national phase, the documents for the disclosure exception can be filed within 30 days after the reference date (Patent Act, Art. 200; Enforcement Rules, Art. 111). [1][2]

Example: filing in English with priority from a US application

This is an assumed case. The first filing was made in the United States on 12 March 2026, and priority is claimed from that single application. The Korean application is filed with an English specification, and the claims are included from the start.

The first day of a period is not counted. A period set in months or years ends on the day before the day that corresponds to the starting day (Patent Act, Art. 14). [1] If the last day of a period is a Saturday or a public holiday, the period ends on the following day. [1]

How Korea differs

The list of filing documents in Korea does not include an oath or declaration by the inventor. The attachments listed in Article 21(1) of the Enforcement Rules are the specification, abstract and drawings; a document proving the authority of an agent; and other supporting documents. [2]

The United States is different. The US patent rules list the inventor’s oath or declaration as a part of a complete nonprovisional application (37 CFR 1.51(b)(2)). [7] The inventor must execute an oath or declaration directed to the application (37 CFR 1.63(a)). The cases provided for in 37 CFR 1.64 are the exception. [7]

What applicants should do

This is the opinion of DEFINE IP Law Firm. Please confirm the documents for an individual case with your agent.

• We suggest sending the official English name and address of the applicant together with the filing instruction. The name, address and nationality of each inventor also go into the written patent application.
• If you plan to file several applications in Korea, registering a general power of attorney at the first filing is more efficient. It reduces the need to sign a power of attorney for each later case.
• We suggest stating the matters that need special authorization, such as withdrawal and abandonment of the application and appointment of a sub-agent, specifically in the matters delegated in the power of attorney.
• If the application on which priority is based has a DAS access code, we suggest sending it with the filing instruction. This can save the time needed to obtain a certified copy separately.
• If the invention was disclosed before filing, or if a microorganism or a sequence is involved, the agent should be told before filing. The time limit for the supporting documents for the disclosure exception is 30 days from the filing date.

FAQ

Does the original power of attorney have to be sent by post?

The instructions for the power of attorney form state that a signed or sealed power of attorney can be scanned and filed as an attachment. The Minister can order the paper document to be filed if the image is difficult to read.

Does the power of attorney need notarization?

Neither the power of attorney form nor Article 5 of the Enforcement Rules contains wording that requires notarization. However, the Minister can require documents such as a notarial certificate of the signature when the Minister finds that specific confirmation is necessary (Enforcement Rules, Art. 8(1)).

Can an application be filed without claims?

Yes. Article 42-2(1) of the Patent Act provides that the claims may be omitted but the description of the invention must be included. The claims must be added by amendment by the day that falls 1 year and 2 months after the earliest priority date or the filing date.

Does the priority document need a translation?

Not at filing. Article 4(2) of the Enforcement Rules excludes the priority document from the documents that must have a Korean translation attached. A translation must be filed if the Minister orders it because it is needed for examination.

Is an inventor’s declaration or a certificate of transfer required?

Neither document is named among the attachments listed in Article 21(1) of the Enforcement Rules. The Minister can require a document proving that a person is the successor if the Minister finds it necessary (Enforcement Rules, Art. 7(1)).

How DEFINE IP Law Firm handles this

When DEFINE IP Law Firm receives a filing instruction, we first check which documents are needed and the time limit for each document. We tell the applicant which documents must be on file on the filing date and which documents can be filed later. For questions about the documents for a Korean application, 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 5, 6, 7, 14, 16, 28-2, 28-3, 30, 42, 42-2, 42-3, 46, 54, 60, 64, 82, 199, 200, 201, 203 and 206, Addenda to Act No. 12753, Addenda to Act No. 13096. 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 3-2, 4, 5, 5-2, 7, 8, 9, 9-5, 10, 11, 21, 21-2, 21-4, 25, 111, 114 and 116, Forms 1, 4, 14 and 57, Addenda No. 474. https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)
3. Ministry of Intellectual Property (지식재산처), Enforcement Decree of the Patent Act (특허법 시행령), Presidential Decree No. 35809, in force from 1 October 2025. Article 2. https://www.law.go.kr/법령/특허법시행령 (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, in force from 27 February 2026. Article 8(1). https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
5. Ministry of Intellectual Property (지식재산처), Public Notice on the Electronic Exchange of Priority Documents for Patents and Utility Models (특허ㆍ실용신안 우선권증명서류의 전자적 교환에 관한 고시), MOIP Notification No. 2025-4, in force from 30 October 2025. Article 1, Addenda to Notification No. 2020-15. https://www.law.go.kr/행정규칙/특허ㆍ실용신안우선권증명서류의전자적교환에관한고시 (verified 9 October 2026)
6. Ministry of Intellectual Property (지식재산처), Patent Examination Guidelines (특허·실용신안 심사기준), MOIP Established Rule No. 7, in force from 13 March 2026. Part 1, Chapter 2, 6.1 (appointment of an agent); Part 3, Chapter 2, 5.5.3 (points to note in applying Article 30 of the Patent Act). https://www.law.go.kr/행정규칙/특허·실용신안심사기준 (verified 9 October 2026)
7. US Code of Federal Regulations, 37 CFR 1.51 and 1.63, eCFR current as of 26 August 2026. https://www.ecfr.gov/current/title-37/section-1.51 , https://www.ecfr.gov/current/title-37/section-1.63 (verified 9 October 2026)
8. Ministry of Intellectual Property (지식재산처), Patent Act (특허법), version scheduled to enter into force (Act No. 21955), promulgated 15 September 2026, in force from 16 March 2027. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)