What is required to assign or license abroad a Korean patent that involves a national core technology?

Sangwook Je, Partner · Published 2 November 2026

Last verified 10 October 2026

Approval and report at a glance

As of October 2026. “The Act” is the Industrial Technology Protection Act, “the Enforcement Decree” is its Enforcement Decree, “the Guidelines” are the Industrial Technology Protection Guidelines, and “the Special Measures Act” is the Act on Special Measures for Strengthening the Competitiveness of, and Protecting National High-Tech Strategic Industries.

Which technologies are covered

The technologies covered are those designated by public notice. There are 79 national core technologies in 13 fields and 19 national high-tech strategic technologies in 6 fields. [5] [8]

A national core technology is a technology designated as one whose divulgence abroad could have a material adverse effect on national security and the development of the national economy (the Act, Art. 2, subparagraph 2). [1] The Minister of Trade, Industry and Resources designates it after deliberation by the Industrial Technology Protection Committee (산업기술보호위원회) and publicly notifies it (the Act, Art. 9(1) and (4)). [1] The list is the attached Table of the Public Notice on the Designation, etc. of National Core Technology (국가핵심기술 지정 등에 관한 고시). The current notice is Public Notice of the Ministry of Trade, Industry and Resources No. 2025-2, which entered into force on 2 October 2025. [5]

Three of the five in the electrical and electronics field are lithium secondary battery technologies. [5] The technology names in the attached Table carry numerical values and limitations. For example, one item in the semiconductor field defines its scope as “30나노 이하급 D램” (DRAM of the 30-nanometer class or below), and one item in the electrical and electronics field defines its scope by an energy density value. [5] Being in the same field does not make every patent in that field subject to the rules.

A national high-tech strategic technology is a technology designated under Art. 11 of the Special Measures Act (the Special Measures Act, Art. 2, subparagraph 1). [6] The list is the attached Table of the Public Notice on the Designation, etc. of National High-Tech Strategic Technology (국가첨단전략기술 지정 등에 관한 고시). The current notice is Public Notice No. 2025-71, which was issued on 12 May 2025 and entered into force on 18 May. [8]

Art. 4 of the same notice defines the scope of national high-tech strategic technology as technology that is specialized for each technology in the attached Table and is developed for the purpose of mass production or used in mass production. [8] When a technology is designated as a strategic technology, it is deemed to be designated as a national core technology (the Special Measures Act, Art. 11(7)). [6]

Are the assignment of a patent right and the grant of a license “export”?

They are. The basis, however, is not in the statute but in the Industrial Technology Protection Guidelines.

Art. 11(1) of the Act describes export as sending a national core technology out “to a foreign enterprise, etc. by means of sale, transfer, etc.” [1] The Act and the Enforcement Decree contain no provision that lists the assignment of a patent right or a license as a method of export. The words “특허” (patent) and “실시권” (license) were searched for in all of the provisions of the Act and did not appear. [1] In the provisions of the Enforcement Decree, “특허” appears only in a ground for notifying an enterprise to apply for determination (Art. 13-2(2), subparagraph 2). [2]

The methods of export are listed in Art. 17 of the Industrial Technology Protection Guidelines. The Guidelines are a public notice of the Ministry of Trade, Industry and Resources established under Art. 8 of the Act and Art. 10 of the Enforcement Decree (the Guidelines, Art. 1). [4] The current Guidelines are Public Notice No. 2026-76, which entered into force on 30 June 2026. [4] Art. 17 lists the methods of export in twelve subparagraphs, and two of them concern patents. [4]

Art. 17 is the provision that lists the methods of export subject to approval. Export subject to reporting is also defined by “the methods in the subparagraphs of Art. 17” (the Guidelines, Art. 21). [4] Art. 17, subparagraph 2 lists the transfer of national core technology through data transmission, assignment, technical guidance and the like. Subparagraph 12 also lists as covered an act of intending to export by a method other than those in the preceding eleven subparagraphs. [4]

The supplementary materials in Art. 25, subparagraph 3 include a written argument where a notice of grounds for rejection has been received. [4] Art. 25, subparagraph 1, item (a) also excludes technology that has already been disclosed to the public in printed form such as books and periodicals or through websites and the like. [4]

Taking the assignment of a patent right and licenses separately, the position is as follows. The assignment of a patent right and the grant of an exclusive license are stated by name in Art. 17, subparagraph 6. The “license” in Art. 17, subparagraph 5 carries no limitation as to type. Any license falls within the wording of subparagraph 5 if related undisclosed technology such as trade secrets is transferred together with it. What Art. 25, subparagraph 4 excludes is the case where a non-exclusive license is granted “on a non-exclusive basis” (비독점적) and “only” the technical information that was disclosed at the time of the patent application is transferred. [4]

There are two types that the Guidelines do not state by name. One is a non-exclusive license granted on an exclusive basis (독점적 통상실시권). This term is not in the Patent Act; it appears in court decisions. The Supreme Court stated that where a patentee owes a licensee a duty not to grant a non-exclusive license to any third party other than that licensee, the licensee can be regarded as having a 독점적 통상실시권 (Supreme Court Decision 2023Da280358 Decided October 25, 2024). [15] The exclusion in Art. 25, subparagraph 4 is limited to a non-exclusive license granted “on a non-exclusive basis” (비독점적). Art. 17, subparagraph 6 adds “or the like” after the assignment and the exclusive license, and states the criterion as the “transfer of substantial exclusive control”. [4] The other is the assignment of an invention for which a patent application is pending. Art. 17, subparagraphs 5 and 6 and Art. 25, subparagraph 4 are all written with respect to a “patent right”. No subparagraph refers to the right to obtain a patent. [4] The Guidelines do not separately provide which subparagraph these two types fall under.

Where only the right in a published patent is assigned, two provisions are involved at the same time. Art. 17, subparagraph 6 lists the assignment of a patent right as a method of export. Art. 25, subparagraph 1, item (a) excludes “technology” that has already been disclosed to the public. Art. 25, subparagraph 4, which addresses the case where only disclosed technical information is transferred in relation to a patent right, refers only to the grant of a non-exclusive license on a non-exclusive basis. The assignment of a patent right and the grant of an exclusive license are not stated by name in any subparagraph of Art. 25. [4] The Guidelines contain no provision that determines which of the two provisions prevails.

The counterparty of export is a “foreign enterprise, etc.” (the Act, Art. 11(1)). [1] This term is not defined in Art. 2 of the Act, in the Enforcement Decree or in Art. 2 of the Guidelines. [1] [2] [4] Art. 18-2 of the Enforcement Decree lists, as a ground for exemption from procedures, the case where “the foreign enterprise subject to export is a subsidiary of the target institution”. [2] No provision separately addressing the case where the assignee is the Korean subsidiary of a foreign enterprise was found in these statutes and the Guidelines.

Export of a national high-tech strategic technology is to “export it by means of sale, transfer, etc. to a foreign enterprise, etc. or to submit relevant information to a foreign government” (the Special Measures Act, Art. 12(1)). [6] The word “실시권” (license) does not appear in the Special Measures Act or its Enforcement Decree either. [6] [7] The Industrial Technology Protection Act applies mutatis mutandis to the procedures for approval for export of strategic technology (the Special Measures Act, Art. 12(6)). [6]

The Special Measures Act, its Enforcement Decree and the strategic technology notice contain no provision listing cases excluded from the export of strategic technology. [6] [7] [8] Art. 25 of the Guidelines states that the cases are excluded from “applications for export approval and export reports for national core technology”. [4] The Special Measures Act deems the designation of a strategic technology to be a designation as national core technology (Art. 11(7)). What applies mutatis mutandis is the “procedures” for approval for export (Art. 12(6)). [6] No provision states that Art. 25 of the Guidelines also applies to approval under Art. 12 of the Special Measures Act.

What separates approval from a report

For national core technology, the dividing line is whether the technology was developed with government subsidies for research and development. For national high-tech strategic technology, there is no such division and approval is required in all cases.

Where a target institution that holds a national core technology developed with government subsidies for research and development intends to export that technology, it must obtain the approval of the Minister of Trade, Industry and Resources in advance (the Act, Art. 11(1)). [1] The Minister of Trade, Industry and Resources may grant approval after reviewing matters such as the ripple effect on national security and the national economy, consulting with the head of the relevant central administrative agency, and deliberation by the Committee (Art. 11(2)). [1] When granting approval, the Minister may attach conditions concerning the setting of the validity period of the approval, the submission of export records, the submission of evidential documents and the like (the Enforcement Decree, Art. 15(4)). [2]

Where a target institution that holds and manages a national core technology not subject to approval intends to export it, it must report in advance (the Act, Art. 11(4)). [1] The Minister of Trade, Industry and Resources must accept the report if there is no serious impact on national security and the report conforms to the Act (Art. 11(5)). [1] The Guidelines state that, when a report is accepted as well, ancillary provisions such as conditions, time limits and burdens, and recommendations, may be attached (the Guidelines, Art. 24(2)). [4] Even for an export subject to reporting, if the Minister deems that it could have a serious impact on national security, the Minister may order measures such as suspension of export, prohibition of export and restoration to the original state (Art. 11(6)). [1] A report is not a procedure that ends once it is filed.

Where a strategic technology holder wishes to export a strategic technology, it must obtain the approval of the Minister of Trade, Industry and Resources (the Special Measures Act, Art. 12(1)). [6] This provision contains no requirement concerning research and development subsidies. When this approval is granted, approval under Art. 11 of the Industrial Technology Protection Act is deemed granted or the report under that Article is deemed filed (Art. 12(5)). [6]

There are provisions that reduce the export procedures. The Minister of Trade, Industry and Resources may partially exempt or simplify the procedures for an export that the Minister deems to have a low risk of technology divulgence (the Act, Art. 11(11)). [1] The Enforcement Decree lists five cases in which deliberation by the Committee or review by a specialized committee may be exempted (the Enforcement Decree, Art. 18-2(1)). [2] Examples are the case where the foreign enterprise to which the technology is to be exported is a subsidiary of the target institution, and the case where a technology already approved or reported is exported again. [2] These provisions reduce the deliberation and review; they do not remove the application for approval or the report itself.

Where a national core technology for which approval has been obtained is a technology referred to in Art. 19 of the Foreign Trade Act (대외무역법), the export license under Art. 19-2 of that Act is deemed to have been obtained (the Act, Art. 11(3)). [1] [12] Art. 11(3) of the Act refers only to the case where approval has been obtained. There is no provision to the same effect for a report. [1]

Who applies, and how long it takes

The applicant and the reporter are the target institution that holds the technology. The reference periods are 45 days from the date of receipt for an application for approval and 15 days from the date of receipt for a report.

A target institution is an enterprise, research institute, specialized institution, university or the like that holds industrial technology (the Act, Art. 2, subparagraph 4). [1] The party that submits the application for approval and the report is the target institution that intends to export (the Enforcement Decree, Art. 15(1) and Art. 16(1)). [2] No provision names the assignee or the licensee as the applicant. However, the application must be accompanied by “matters concerning the purchaser or the person intending to receive the transfer”. [2]

On timing, the Act says only “in advance” (미리, 사전에). [1] The document attached to the application is the contract on sale or transfer, and a provisional contract is also acceptable (the Enforcement Decree, Art. 15(1), subparagraph 1 and Art. 16(1), subparagraph 1). [2] The Act and the Enforcement Decree do not separately state whether the application must be filed before the contract is concluded.

A technology examination for a determination, an export approval or an export report must be completed within 45 days from its commencement. If there are unavoidable reasons, the period may be extended only once by up to 45 days (the Enforcement Decree, Art. 13-2(4), Art. 15(3) and Art. 16(3)). [2] These three paragraphs apply beginning with technology examinations conducted on or after 22 July 2025 (Addenda to Presidential Decree No. 35654, Art. 2). [2] Where supplementation of materials is requested, the supplementation period is also not included in the processing period (Public Notice on the Designation, etc. of National Core Technology, Art. 7(1)). [5]

The Enforcement Decree says only “45 days from the date of receipt” and “15 days from the date of receipt”. Whether the first day is included and whether public holidays are counted is not stated in the Enforcement Decree. [2] The Civil Act applies mutatis mutandis to the calculation of periods for administration unless other statutes specifically provide otherwise (General Act on Public Administration (행정기본법), Art. 6(1)). [13] The Civil Petitions Treatment Act (민원 처리에 관한 법률) defines a civil petition applying for authorization, permission, approval or the like according to the requirements prescribed by statutes as a legal civil petition (법정민원) (Art. 2, subparagraph 1). The same Act counts a period for treating civil petitions that is fixed at 6 days or more by including the first day and excluding public holidays and Saturdays (Art. 19(2)). [14] The Industrial Technology Protection Act and its Enforcement Decree contain no provision that refers to this Act. [1] [2] The forms in the Enforcement Rule enter 15 days (application for determination), 45 days (application for export approval) and 15 days (export report) in the “처리기간” (processing period) box. [3]

The forms in the Enforcement Rule state the fee for the application for determination, the application for export approval and the export report as “없음” (none). [3]

Acquiring a Korean company or forming a joint venture

Even where no patent is separately assigned, approval or a report is required if the transaction is one of the three cases prescribed by the Enforcement Decree.

The Act calls this “foreign investment such as cross-border acquisition, merger, joint venture, etc.” and shortens it to “cross-border acquisition, merger, etc.” (the Act, Art. 11-2(1)). [1] The Enforcement Decree prescribes three cases (the Enforcement Decree, Art. 18-3(1)). [2] There is no separate subparagraph under the name of joint venture. [2]

The items of subparagraph 1 are the spouse and relatives within a certain scope of the foreigner, a company in which the foreigner can exercise controlling influence over major decision-making, and a company whose representative the foreigner can appoint and dismiss or at least 50/100 of whose executive officers the foreigner can appoint. [2] The stocks or equity in subparagraph 1 include a right to conversion into, or subscription to, stocks or equity in the future. [2] A foreigner is one of five kinds, such as an individual who has no nationality of the Republic of Korea and a corporation established under the laws of a foreign country (Art. 18-3(2)). [2]

The division of procedures is the same as for export. Where a target institution holding a national core technology developed with research and development subsidies intends to proceed with a cross-border acquisition, merger, etc., it must obtain approval in advance (the Act, Art. 11-2(1)). [1] A target institution that holds and manages any other national core technology must report in advance (Art. 11-2(5)). [1] A strategic technology holder must obtain approval in advance (the Special Measures Act, Art. 13(1)). [6] The wording of the three cases for strategic technology holders has the same structure (Enforcement Decree of the Special Measures Act, Art. 19(1)). [7]

Where a foreigner is conducting the transaction, the target institution must report without delay when it becomes aware of that fact (the Act, Art. 11-2(2) and (6)). [1] The Minister of Trade, Industry and Resources, on receiving the report (paragraph (2)) of a target institution subject to approval, may request the foreigner to cooperate in the approval procedure. The foreigner so requested must comply unless there is a special reason (Art. 11-2(3)). [1] This is where the acquirer abroad comes into direct contact with the procedure.

The period required for a technology examination is not included in the periods above. [2] [7] In the approval process following a report on progress, the period required for the foreigner to submit data is also not included (the Enforcement Decree, Art. 18-5(3)). [2] When granting approval, the Minister of Trade, Industry and Resources may attach conditions deemed necessary (the Act, Art. 11-2(4)). [1]

There is also a provision on the party that receives the technology. An enterprise, etc. that has received a transfer of national core technology from an existing target institution and has come to hold substantial rights to it must apply for registration as a national core technology-holding institution (보유기관 등록) within 30 days from the date that ground arises (the Act, Art. 9-3(1), subparagraph 3). [1] “Enterprise, etc.” means enterprises, research institutes, specialized institutions, universities, etc. (the Act, Art. 9-2(1)). [1] This provision contains no wording that distinguishes between domestic and foreign, and no provision separately refers to an assignee abroad. [1]

When it is not known whether the technology is covered

There are two procedures for asking the government. Whether a technology is a national core technology is asked through a determination, and whether an export subject to reporting is related to national security is asked through a prior review.

A determination is a procedure for asking the Minister of Trade, Industry and Resources whether the technology held constitutes national core technology. Enterprises, research institutes, specialized institutions, universities, etc. may apply (the Act, Art. 9-2(1)). [1] The application is accompanied by data on the characteristics, use and performance of the technology and data on the market size and the competitiveness level of the related products (the Enforcement Decree, Art. 13-2(1)). [2] The party that applies is the party that holds the technology. It is not a procedure in which the party intending to take the assignment applies.

The Minister of Trade, Industry and Resources may also, ex officio, notify an enterprise to apply for determination (the Act, Art. 9-2(2)). [1] One of the grounds for notification is where the enterprise is deemed to hold national core technology based on patents, papers or other publicly available information (the Enforcement Decree, Art. 13-2(2), subparagraph 2). [2] An enterprise, etc. that receives the notification must submit the application documents for determination within 30 days. If there is a justifiable reason, the period may be extended by up to 30 days after prior consultation (the Act, Art. 9-2(3)). [1]

An enterprise, etc. whose technology is determined to be national core technology must apply for registration as a national core technology-holding institution within 30 days from the date that ground arises (the Act, Art. 9-3(1), subparagraph 1). [1] Failure to apply for registration is subject to an administrative fine not exceeding KRW 10 million (the Act, Art. 39(1), subparagraph 2). [1] On registration, a certificate of registration is issued (the Enforcement Decree, Art. 13-3(3)). [2]

Strategic technology also has a determination. A person who wishes to obtain a determination of whether the technology held is a strategic technology may apply to the Minister of Trade, Industry and Resources (the Special Measures Act, Art. 11(5)). [6]

A prior review is a procedure in which a person intending to export a national core technology subject to reporting asks in advance whether that technology is related to national security (the Act, Art. 11(7)). [1] For a cross-border acquisition, merger, etc., whether it is subject to approval or subject to reporting may also be asked through a prior review (the Act, Art. 11-2(9), subparagraph 2). [1]

Proceeding without approval or a report

The Minister of Trade, Industry and Resources may order suspension of export, prohibition of export and restoration to the original state, and there are criminal penalty provisions.

There are two grounds for an order. One is where the technology is exported without obtaining approval or without filing a report. The other is where the technology is exported after obtaining approval or filing a report by fraud or other improper means. In these cases the Minister of Trade, Industry and Resources may order necessary measures such as suspension of export, prohibition of export and restoration to the original state (the Act, Art. 11(8)). [1] There is a provision to the same effect for cross-border acquisitions, mergers, etc. (the Act, Art. 11-2(10)). [1] If an order to take measures concerning a cross-border acquisition, merger, etc. is not complied with within the period, a charge for compelling compliance (이행강제금) not exceeding KRW 10 million per day is imposed (the Act, Art. 11-3(1)). [1] An order to take measures made because, on review of a report, it is deemed that there could be a serious impact on national security may be issued to the reporter and the foreigner (the Enforcement Decree, Art. 18-6(3)). [2]

Art. 14 of the Act lists as prohibited acts export without approval, export without a report, a cross-border acquisition, merger, etc. without approval or a report, and failure to comply with an order to take measures (subparagraphs 7 through 11). [1] The provision is addressed to “any person” (누구든지). [1]

Attempts of the above two offenses under the Industrial Technology Protection Act are also punished (the Act, Art. 36(7)). [1] Where the representative or an employee of a corporation commits a violation in connection with its business, a fine is also imposed on the corporation. The exception is where the corporation has not been negligent in giving due attention and supervision (the Act, Art. 38). [1] Art. 14 also applies where the act is committed in a foreign country (the Act, Art. 14-4). [1]

What changed recently

The export provisions and penalty provisions changed substantially on 22 July 2025. As of 10 October 2026, no amendment to the Industrial Technology Protection Act that has been promulgated but is not yet in force appears in the list of versions of the Ministry of Government Legislation. [1] The same is true of its Enforcement Decree and Enforcement Rule, and of the Special Measures Act and its Enforcement Decree. [2] [3] [6] [7]

The Addenda to Act No. 20694 contain only the enforcement date and a transitional measure on registration as a holding institution. [1] The content is that a target institution confirmed as a holding institution before the amendment must register within 6 months from the enforcement date (Addenda, Art. 2). [1] There is no applicability provision or transitional measure on export approval and reports or on penalties. [1] The Addenda to the Guidelines (Public Notice No. 2026-76) also contain only the enforcement date and the repeal of the former public notice. [4]

What to check on the patent side

Approval and reporting under the Industrial Technology Protection Act proceed separately from the registration procedures under the Patent Act (특허법). Three points are checked together.

First, registration. The transfer of a patent right and the grant of an exclusive license take effect only upon registration (Patent Act, Art. 101(1)). [9] Where a non-exclusive license has been registered, it is also effective against any person who subsequently obtains the patent right or an exclusive license (Patent Act, Art. 118(1)). [9] The Patent Act and the Decree on Registration of Patent Rights (특허권 등의 등록령) do not contain the words “산업기술” (industrial technology) or “국가핵심기술” (national core technology). [9] [10] Neither of the two contains a provision that states approval or a report under the Industrial Technology Protection Act as a requirement for registration or as an attached document. The registration procedure is covered in “How do I record an assignment or a license of a Korean patent?”.

Second, the outcomes of national research and development programs. The head of a central administrative agency may categorize a research and development project related to national core technology as a classified task (보안과제) (Enforcement Decree of the National Research and Development Innovation Act (국가연구개발혁신법), Art. 45(1), subparagraph 2, item (c)). [11] As a rule, ownership of the research and development outcomes of a classified task is not transferred (National Research and Development Innovation Act, Art. 21(6)). [11] To transfer it where special circumstances are recognized, prior approval of the head of the relevant central administrative agency must be obtained (Art. 21(7)). [11] Special circumstances are cases where the transfer brings a greater benefit to national security, diplomacy or international cooperation in science and technology (Enforcement Decree of the same Act, Art. 45-2(1)). [11] Whether approval is granted is notified within 45 days from the date the application is received (Art. 45-2(3)). [11] Art. 21(6) and (7) of the Act entered into force on 20 August 2026 (Act No. 21347). Its Addenda contain no applicability provision for these two paragraphs. [11] Research and development outcomes include intellectual property rights (the same Act, Art. 2, subparagraph 5). [11] This prior approval under the National Research and Development Innovation Act is a procedure different from approval under the Industrial Technology Protection Act, and it is not limited to transfers abroad.

Third, filing abroad. For an invention necessary for national defense, the Government may prohibit the filing of a patent application in a foreign country or order that the invention be kept confidential (Patent Act, Art. 41(1)). [9] This system is covered in “Does Korea require a foreign filing license?“. As seen above, the provision of the minimum technology needed for a patent application abroad for a national core technology is excluded from applications for export approval and from export reports (the Guidelines, Art. 25, subparagraph 3). [4]

What assignees and licensees should do

Approval and reporting are obligations of the holding institution on the Korean side, but the schedule and the effect of the transaction also bear on the assignee. In general, we recommend the following.

• At the due diligence stage, check whether the technology of the target patent touches the attached Tables of the national core technology notice and the national high-tech strategic technology notice. Compare not the field name but the numerical values and limitations in the technology names.
• Ask the assignor whether it has obtained a determination and whether it is registered as a holding institution. Also ask whether the technology was developed with government subsidies for research and development. This is where approval and a report divide.
• Compare the structure of the transaction with the wording of the Guidelines. The applicable provision of the Guidelines differs depending on whether it is an assignment, an exclusive license or a non-exclusive license granted on a non-exclusive basis, and whether undisclosed technology is transferred together.
• Build the processing periods into the schedule. Approval is within 45 days from the date of receipt, and the technology examination period and the period for supplementation of materials are separate. For a report as well, an order to take measures within 30 days from the date of notification may follow the review within 15 days.
• In a transaction that acquires equity in a Korean company, check separately whether it falls under the three cases of cross-border acquisition, merger, etc. A procedure may be required even without a patent assignment agreement.
• If the target patent is an outcome of a national research and development program, also confirm whether the project was categorized as a classified task.

Whether an individual transaction is subject to approval or subject to reporting cannot be decided from this article. The results of a determination and a prior review, and confirmation with a Korean agent, are needed.

FAQ

Does the assignee abroad apply for approval directly?

No. The party that applies for approval and reports is the target institution that holds the national core technology (the Act, Art. 11(1) and (4); the Enforcement Decree, Art. 15(1) and Art. 16(1)). [1] [2] No provision names the assignee as the applicant. For a cross-border acquisition, merger, etc., the Minister of Trade, Industry and Resources, on receiving the report of a target institution subject to approval, may request the foreigner to cooperate in the approval procedure (the Act, Art. 11-2(3)). [1]

Is a report required even where only a non-exclusive license is taken?

The wording of the Guidelines separates two cases. The Guidelines exclude from applications for approval and from reports the case where a non-exclusive license is granted on a non-exclusive basis under a patent right that constitutes national core technology and only the technical information that was disclosed at the time of the patent application is transferred (the Guidelines, Art. 25, subparagraph 4). [4] Granting a license together with a transfer of related undisclosed technology such as trade secrets is listed as a method of export (the Guidelines, Art. 17, subparagraph 5). [4]

How long does it take to obtain approval?

The Minister of Trade, Industry and Resources must notify the result within 45 days from the date of receipt (the Enforcement Decree, Art. 15(2)). [2] If a separate technology examination is required, that period is not included in the 45 days. The technology examination is to be completed within 45 days from its commencement and may be extended once by up to 45 days (Art. 15(3)). [2]

How do I know whether the target patent constitutes national core technology?

The attached Table of the public notice is the list. [5] If it cannot be decided from the attached Table, the party that holds the technology may apply to the Minister of Trade, Industry and Resources for a determination (the Act, Art. 9-2(1)). [1] The Minister of Trade, Industry and Resources must make the determination and give notification within 15 days from the date the application is received, and the technology examination period is not included in those 15 days (the Enforcement Decree, Art. 13-2(3) and (4)). [2]

If I acquire a Korean company, is a procedure required even without a patent assignment agreement?

It is required if the transaction is one of the three cases prescribed by the Enforcement Decree. One of them is where a foreigner intends to own at least 50/100 of the stocks or equity of a target institution holding national core technology (the Enforcement Decree, Art. 18-3(1), subparagraph 1). [2] If the target institution holds a national core technology developed with research and development subsidies, the transaction is subject to approval, and otherwise it is subject to reporting (the Act, Art. 11-2(1) and (5)). [1]

How DEFINE IP Law Firm handles this

DEFINE IP Law Firm checks the technical field of the patent before registering the assignment of a Korean patent or the grant of a license under it. If that field touches the public notices on national core technology or national high-tech strategic technology, we inform the client of that fact before setting the registration schedule. For questions about transfer registration and license registration for Korean patents, please write to contact@defineip.kr.

Sources

1. Ministry of Trade, Industry and Resources (산업통상부), Act on Prevention of Divulgence and Protection of Industrial Technology (산업기술의 유출방지 및 보호에 관한 법률), Act No. 21154, in force from 3 June 2026 (including Act No. 21153, in force from the same date), Art. 2, Art. 9, Art. 9-2, Art. 9-3, Art. 11, Art. 11-2, Art. 11-3, Art. 14, Art. 14-4, Art. 36, Art. 38, Art. 39, Addenda (Act No. 20694, in force from 22 July 2025; Act No. 21153; Act No. 21154). The former wording is from the version in force from 21 August 2024 (Act No. 20319), Art. 11, Art. 14, Art. 36. https://www.law.go.kr/법령/산업기술의유출방지및보호에관한법률 (verified 10 October 2026)
2. Ministry of Trade, Industry and Resources (산업통상부), Enforcement Decree of the Act on Prevention of Divulgence and Protection of Industrial Technology (산업기술의 유출방지 및 보호에 관한 법률 시행령), Presidential Decree No. 35947, in force from 2 January 2026, Art. 13-2, Art. 13-3, Art. 15, Art. 16, Art. 17, Art. 18-2 through Art. 18-8, Addenda (Presidential Decree No. 35654, in force from 22 July 2025) Art. 2. https://www.law.go.kr/법령/산업기술의유출방지및보호에관한법률시행령 (verified 10 October 2026)
3. Ministry of Trade, Industry and Resources (산업통상부), Enforcement Rule of the Act on Prevention of Divulgence and Protection of Industrial Technology (산업기술의 유출방지 및 보호에 관한 법률 시행규칙), Ordinance of the Ministry of Trade, Industry and Resources No. 1, in force from 1 October 2025, Form 1-2, Form 2, Form 3. https://www.law.go.kr/법령/산업기술의유출방지및보호에관한법률시행규칙 (verified 10 October 2026)
4. Ministry of Trade, Industry and Resources (산업통상부), Industrial Technology Protection Guidelines (산업기술보호지침), Public Notice of the Ministry of Trade, Industry and Resources No. 2026-76, issued and in force on 30 June 2026, Art. 1, Art. 2, Art. 17, Art. 21, Art. 24, Art. 25, Addenda, statement of reasons for the amendment. The former Guidelines are Public Notice No. 2023-151 (in force from 26 July 2023). https://www.law.go.kr/행정규칙/산업기술보호지침 (verified 10 October 2026)
5. Ministry of Trade, Industry and Resources (산업통상부), Public Notice on the Designation, etc. of National Core Technology (국가핵심기술 지정 등에 관한 고시), Public Notice of the Ministry of Trade, Industry and Resources No. 2025-2, in force from 2 October 2025, Art. 4, Art. 7, attached Table, statement of reasons for the amendment. https://www.law.go.kr/행정규칙/국가핵심기술지정등에관한고시 (verified 10 October 2026)
6. Ministry of Trade, Industry and Resources (산업통상부), Act on Special Measures for Strengthening the Competitiveness of, and Protecting National High-Tech Strategic Industries (국가첨단전략산업 경쟁력 강화 및 보호에 관한 특별조치법), Act No. 21738, in force from 2 June 2026, Art. 2, Art. 11, Art. 12, Art. 13, Art. 15, Art. 50. https://www.law.go.kr/법령/국가첨단전략산업경쟁력강화및보호에관한특별조치법 (verified 10 October 2026)
7. Ministry of Trade, Industry and Resources (산업통상부), Enforcement Decree of the Act on Special Measures for Strengthening the Competitiveness of, and Protecting National High-Tech Strategic Industries (국가첨단전략산업 경쟁력 강화 및 보호에 관한 특별조치법 시행령), Presidential Decree No. 36055, in force from 1 February 2026, Art. 15, Art. 18, Art. 19, Art. 20. https://www.law.go.kr/법령/국가첨단전략산업경쟁력강화및보호에관한특별조치법시행령 (verified 10 October 2026)
8. Ministry of Trade, Industry and Resources (산업통상부), Public Notice on the Designation, etc. of National High-Tech Strategic Technology (국가첨단전략기술 지정 등에 관한 고시), Public Notice No. 2025-71, issued on 12 May 2025, in force from 18 May (the Ministry of Trade, Industry and Energy (산업통상자원부) at the time of issuance), Art. 3, Art. 4, Art. 8, attached Table. https://www.law.go.kr/행정규칙/국가첨단전략기술지정등에관한고시 (verified 10 October 2026)
9. Ministry of Intellectual Property (지식재산처), Patent Act (특허법), Act No. 21134, in force from 11 November 2025, Art. 41, Art. 101, Art. 118; the words “산업기술” and “국가핵심기술” were searched for in the whole Act (0 results). In the version scheduled to enter into force on 16 March 2027 (Act No. 21955), the wording of these three Articles is the same. https://www.law.go.kr/법령/특허법 (verified 10 October 2026)
10. Ministry of Intellectual Property (지식재산처), Decree on Registration of Patent Rights (특허권 등의 등록령), Presidential Decree No. 35809, in force from 1 October 2025; the words “산업기술” and “국가핵심기술” were searched for in the whole Decree (0 results). https://www.law.go.kr/법령/특허권등의등록령 (verified 10 October 2026)
11. Ministry of Science and ICT (과학기술정보통신부), National Research and Development Innovation Act (국가연구개발혁신법), Act No. 21857, in force from 2 October 2026, Art. 2, Art. 21 (paragraphs (6) and (7) were newly inserted by Act No. 21347, in force from 20 August 2026); Enforcement Decree of the same Act, Presidential Decree No. 36525, in force from 11 September 2026, Art. 45, Art. 45-2 (newly inserted by Presidential Decree No. 36580, in force from 20 August 2026). In the version scheduled to enter into force on 16 March 2027 (Act No. 21913), the wording of Art. 21 is the same. https://www.law.go.kr/법령/국가연구개발혁신법 (verified 10 October 2026)
12. Ministry of Trade, Industry and Resources (산업통상부), Foreign Trade Act (대외무역법), Act No. 21065, in force from 2 January 2026, Art. 19, Art. 19-2. In the version scheduled to enter into force on 22 October 2026 (Act No. 21568), the wording of these two Articles is the same. https://www.law.go.kr/법령/대외무역법 (verified 10 October 2026)
13. Ministry of Government Legislation (법제처), General Act on Public Administration (행정기본법), Act No. 20824, in force from 19 March 2026, Art. 6. https://www.law.go.kr/법령/행정기본법 (verified 10 October 2026)
14. Ministry of the Interior and Safety (행정안전부), Civil Petitions Treatment Act (민원 처리에 관한 법률), Act No. 18748, in force from 12 July 2022, Art. 2, Art. 19. In the version scheduled to enter into force on 3 December 2026 (Act No. 21728), the wording of Art. 19 is the same. https://www.law.go.kr/법령/민원처리에관한법률 (verified 10 October 2026)
15. Supreme Court Decision 2023Da280358 Decided October 25, 2024 (기술료등). Summary of decision [2] and Reasoning 4. B. 1). A search of the Patent Act (Act No. 21134, in force from 11 November 2025) for “독점적” returned 0 results. https://www.law.go.kr/판례/(2023다280358) (checked 2026-10-10)