What is the timeline of a Korean patent application from filing to registration?

Chanjoong Kim, Partner · Published 26 October 2026

Last verified 9 October 2026

From filing to registration at a glance

Amounts are not included in this table. In the table, “Act” means the Patent Act, “Enforcement Rules” means the Enforcement Rules of the Patent Act, and “Fee Regulation” means the Regulation on the Collection of Patent Fees, etc. [1][4][5]

The filing date is the date on which the written patent application with the specification reaches the Minister

The specification, any necessary drawings and the abstract are attached to the written patent application (Patent Act, Art. 42(2)). [1] The filing date of the patent application is the date on which the written patent application, with the specification and any necessary drawings attached, reaches the Minister of Intellectual Property (Art. 42-2(1)). [1] At that time, the claims may be omitted from the specification, but the description of the invention must be stated. [1]

If the application was filed without the claims, an amendment that adds the claims must be made within the time limit. The time limit is the date 1 year and 2 months from the date under the applicable subparagraph of Article 64(1) (Art. 42-2(2), main clause). [1] For an application without a priority claim, that date is the filing date of the patent application (Art. 64(1), subparagraph 4). [1] The time limit changes if, before that time limit, the applicant is notified that a person other than the applicant has filed a request for examination. It is then the earlier of the date 3 months from the date of receipt of the notice and the date 1 year and 2 months mentioned above (proviso to the same paragraph). [1] If the amendment is not made, the patent application is deemed withdrawn on the day after the time limit (Art. 42-2(3)). [1]

The Korean translation of a patent application in a foreign language is also filed by the same time limit (Art. 42-3(2)). [1] If the Korean translation of the specification is not filed, the patent application is deemed withdrawn on the day after the time limit (paragraph (4) of the same Article). [1]

In the cases listed in the subparagraphs of Article 46, such as a violation of a formality or an unpaid official fee, the Minister of Intellectual Property sets a period and orders an amendment. [1] This period for amendment is set within 1 month (Enforcement Rules, Art. 16(1), subparagraph 1). [4] For a procedure in which time is needed for tests and the measurement of results, the designated period (specified period) is the time needed for the tests and the measurement of results (proviso to the same paragraph). [4] If the amendment is not made within the designated period, the Minister of Intellectual Property may invalidate the patent-related procedure (Patent Act, Art. 16(1), main clause). [1]

For details, see “What documents are needed to file a patent application in Korea?” and “Can I file a patent application in English in Korea?“.

A PCT national phase application has a different filing date and a different first time limit

An international application that designates the Republic of Korea is deemed a patent application filed on the international filing date (Patent Act, Art. 199(1)). [1] The filing date of the patent application is therefore the international filing date, not the date on which the document is submitted in Korea. Article 42-2, which provides for the deferred submission of claims, and Article 42-3, which provides for the patent application in a foreign language, do not apply to an international patent application (Art. 199(2)). [1]

The applicant of an international patent application submits a document to the Minister of Intellectual Property within the period for submitting domestic documents (Art. 203(1)). [1] The period for submitting domestic documents is 2 years and 7 months from the priority date (Art. 201(1), main clause). [1] An applicant who filed in a foreign language also submits the Korean translation within the same period. [1]

The period for submitting the Korean translation can be extended. The request for extension must be stated in the document under Art. 203(1), and that document must be submitted in the period from 1 month before the expiration date of the period for submitting domestic documents to that expiration date. The case in which the Korean translation was already submitted before that document is excluded. The Korean translation can then be submitted by the date 1 month from the expiration date of the period for submitting domestic documents (Art. 201(1), proviso). [1]

If the Korean translation of the description of the invention and the claims is not submitted within the period for submitting domestic documents, the international patent application is deemed withdrawn (Art. 201(4)). [1] In Article 201, the period for submitting domestic documents means the extended period where the above extension applies (paragraph (3) of the same Article). [1]

If the document under Art. 203(1) is not submitted within the period for submitting domestic documents, the Minister of Intellectual Property sets a period for amendment and orders an amendment (Art. 203(3), subparagraph 1). [1] This period for amendment is also set within 1 month (Enforcement Rules, Art. 16(1), subparagraph 1). [4] If the amendment is not made within the designated period, the Minister of Intellectual Property may invalidate the international patent application (Art. 203(4)). [1]

For details, see “What is the deadline for entering the Korean national phase?“.

The request for examination is filed within 3 years from the filing date

In Korea, a patent application is examined only when a request for examination has been filed (Patent Act, Art. 59(1)). [1] Any person may file a request for examination within 3 years from the filing date of the patent application (paragraph (2) of the same Article, main clause). [1] If no request for examination is filed in this period, the patent application is deemed withdrawn (paragraph (5) of the same Article). [1] A request for examination cannot be withdrawn (paragraph (4) of the same Article). [1]

There are two cases in which the applicant cannot file a request for examination. They are the case in which the claims are not stated in the specification and the case in which the Korean translation of a patent application in a foreign language has not been filed (Art. 59(2), proviso). [1]

There is an exception for a divisional application, a separational application (splitting-off), a converted application and an application filed by the legitimate right holder. Even after the 3 years have passed, a request for examination can be filed within 30 days from the date on which that application is filed (Art. 59(3)). [1]

The 3 years apply to patent applications filed on or after 1 March 2017. The previous Article 59(2) set this period at 5 years. [3] Article 19 of the Addenda to Act No. 14035, which entered into force on 1 March 2017, makes the previous provision apply to patent applications filed before that date. [1]

A PCT national phase application has its own rule on when a request for examination can be filed. The applicant can file a request for examination only after submitting the Korean translation and paying the official fees under Art. 82(1). The requirement of a Korean translation does not apply to an international patent application filed in Korean (Art. 210, subparagraph 1). [1] A person other than the applicant can file the request only after the period for submitting domestic documents has passed. If the period for submitting the Korean translation was extended, this is after the extended period has passed (subparagraph 2 of the same Article). [1]

There is a restoration provision for an applicant who failed to observe the period for the request for examination due to good cause. The request for examination can be filed within 2 months from the date on which the cause ceases to exist, and it cannot be filed after 1 year from the expiration date of the period (Art. 67-3(1)). [1]

For details, see “When must examination be requested in Korea?“.

Laying-open takes place after 1 year and 6 months, separately from examination

The Minister of Intellectual Property lays the application open in the Patent Gazette after the lapse of 1 year and 6 months from the specified date (Patent Act, Art. 64(1)). [1] If there is no priority claim, the period is counted from the filing date of the patent application. If there is a priority claim, the period is counted from the filing date of the application on which the priority claim is based, or from the filing date of the earlier application. If there are two or more priority claims, the period is counted from the earliest priority date. [1] If the applicant so requests, the application is also laid open before then. [1]

There are three cases in which an application is not laid open. They are the case in which the claims are not stated in the specification, the case in which the Korean translation of a patent application in a foreign language has not been filed, and the case of a patent whose registration has already been published (Art. 64(2)). [1] The laying-open of a patent application that is treated as confidential is withheld until the confidential treatment is lifted (paragraph (3) of the same Article). [1]

A PCT national phase application is laid open after the period for submitting domestic documents has passed (Art. 207(1)). [1] If the period for submitting the Korean translation was extended, this is after the extended period has passed. [1] The rule is different for an application that has been published internationally and for which the applicant filed a request for examination within the period for submitting domestic documents. It is laid open after the later of the date 1 year and 6 months from the priority date and the date of the request for examination. [1] If an international patent application filed in Korean has already been published internationally before that laying-open, it is deemed laid open at the time of the international publication (paragraph (2) of the same Article). [1]

For details, see “How do I check the status of a Korean patent application?”.

Examination follows the order of requests, and a ground for rejection is answered with a written argument

Patent applications are examined in the order of the requests for examination (Enforcement Rules, Art. 38(1)). [4] Where a patent application for which examination has been requested is divided into a divisional application or a separational application and examination of that application is requested, it is examined as determined by the Minister of Intellectual Property. The same applies where a utility model application for which examination has been requested is converted into a patent application and examination is requested (paragraph (2) of the same Article). [4] The Minister of Intellectual Property may have the patent applications listed in the subparagraphs of Article 61 of the Patent Act examined in preference to other patent applications. [1]

There is also a request that delays examination. Within 9 months from the date of the request for examination, the applicant can file a written request for deferred examination that states the time at which the applicant wishes to be examined. That time must be after 24 months from the date of the request for examination and within 5 years from the filing date (Enforcement Rules, Art. 40-3(1)). [4] The examiner may defer examination until that time. This does not apply in the cases listed in the subparagraphs of paragraph (3) of the same Article, such as where a decision on accelerated examination (expedited examination) has been made. [4]

The first action pendency for patents and utility models in 2025, as published by the Ministry of Intellectual Property (MOIP, 지식재산처) on the e-Nara Index (e-나라지표), is 14.7 months. [6] This figure is the average time from the date of the request for examination to the date of the first action. [6] The date of the first action is the date on which the examiner sends the first notice, such as a Notice of Preliminary Rejection or a decision to register. [6] The 14.7 months is not the time to the decision to grant. The explanation of this index states the period for the request for examination of a patent as within 5 years after filing. [6] The period set by the current Article 59(2) of the Patent Act is 3 years. [1]

Where the examiner intends to issue a decision of rejection, the examiner must notify the applicant of the grounds for rejection and set a period in which the applicant has an opportunity to file a written argument (Patent Act, Art. 63(1)). [1] The period for submission of a written argument is set within 4 months (Enforcement Rules, Art. 16(1), subparagraph 2). [4] Where time is needed for tests and the measurement of results, the designated period is the time needed for them (proviso to the same paragraph). [4] This range changed from within 2 months to within 4 months by the amendment that entered into force on 11 July 2025. The Addenda to that amending rule (Ordinance of the Ministry of Trade, Industry and Energy No. 609) contain only the enforcement date. [4] The examiner may shorten or extend the period that the examiner has set upon request, or extend it ex officio (Patent Act, Art. 15(2)). [1]

The specification and the drawings can be amended until the certified copy of the decision to grant is served. However, after a notice of grounds for rejection has been received, they can be amended only in the period for submission of a written argument under that notice and when re-examination is requested (Patent Act, Art. 47(1)). [1] A patent application in a foreign language can be amended only if the Korean translation has been filed (Art. 47(5)). [1]

There are three requirements for amending an international patent application. The official fees under Art. 82(1) must be paid, the Korean translation must be submitted (except where the application was filed in Korean), and the reference date must have passed (Art. 208(1)). [1] The reference date is the expiration date of the period for submitting domestic documents. If the applicant filed a request for examination within that period, it is the date of that request (Art. 201(5)). [1]

For details, see “How long does patent examination take in Korea?” and “How long do I have to respond to a Korean office action? Period for submission of a written argument, extensions and fees“.

Examination ends with a decision to grant or a decision of rejection

If the examiner finds no ground for rejection, the examiner must issue a decision to grant (Patent Act, Art. 66). [1] If the patent application falls under a ground for rejection in the subparagraphs of Article 62, the examiner must issue a decision of rejection (Art. 62). [1] The Minister of Intellectual Property serves the certified copy of the decision on the applicant (Art. 67(2)). [1]

An applicant who has received a decision of rejection has two routes. One is to amend the specification or the drawings and request re-examination (Art. 67-2(1)). [1] The other is to file an appeal against the examiner’s decision to reject a patent application (trial on rulings rejecting patent applications) (Art. 132-17). [1] The period for both is within 3 months from the date on which the certified copy of the decision of rejection is served. [1] Upon request or ex officio, the Minister of Intellectual Property may extend the period for filing a petition for trial only once, by not more than 30 days (Art. 15(1), main clause). [1] In that case, the period for requesting re-examination is also the extended period (Art. 67-2(1)). [1] There is an additional extension for a person in a remote area or an area with poor access to transport. The number of extensions is 1, and the period is not more than 30 days (Art. 15(1), proviso; Enforcement Rules, Art. 16(4)). [1][4]

There are three cases in which re-examination cannot be requested. They are the case in which a decision to grant or reject has already been made upon re-examination, the case in which a petition for trial under Article 132-17 has been filed, and the case in which the patent application is a separational application (Art. 67-2(1), proviso). [1] Even where a petition for trial has been filed, the case in which the decision of rejection has been revoked under Article 176(1) is excluded from the second case. [1] A request for re-examination cannot be withdrawn (paragraph (4) of the same Article). [1]

The 3 months apply to patent applications for which the certified copy of the decision of rejection is served on or after 20 April 2022 (Addenda to Act No. 18505, Arts. 7 and 11). [1] Before that amendment, Article 67-2(1) and Article 132-17 set this period at 30 days. [7]

There is a restoration provision for the case in which the decision of rejection is recognized as having become final because the period for requesting re-examination was not observed due to good cause. Re-examination can be requested within 2 months from the date on which the cause ceases to exist, and it cannot be requested after 1 year from the expiration date of the period (Art. 67-3(1)). [1]

An applicant who has received a decision to grant can also request re-examination. The period runs from the date on which the certified copy of the decision to grant is served until the grant of the patent is registered (Art. 67-2(1)). [1] Re-examination after a decision to grant applies to patent applications for which the certified copy of the decision to grant is served on or after 20 April 2022 (Addenda to Act No. 18505, Art. 7). [1] Before that amendment, Article 67-2(1) provided only for re-examination of a decision of rejection. [7] If the examiner finds an obvious ground for rejection in a patent application for which a decision to grant has been made, the examiner may revoke the decision to grant ex officio and examine the application again. This does not apply in the cases listed in the subparagraphs of Article 66-3(1), such as where the grant of the patent has been registered. [1]

For details, see “What is re-examination in Korea, and when should it be requested?” and “How do I appeal a decision of rejection in Korea?“.

When the patent fees are paid, the grant is registered and the patent right arises

A person who intends to have the grant of a patent registered must pay the patent fees for 3 years from the registration date of the grant (Patent Act, Art. 79(1)). [1] The patent fees for the first three years are paid in a single payment within 3 months from receipt of the certified copy of the decision to grant or of the trial decision to register (Fee Regulation, Art. 8(5)). [5]

Even after the 3 months have passed, the patent fees can be paid late within 6 months (Patent Act, Art. 81(1)). [1] In that case, 3% to 18% of the patent fees is added, depending on the number of months that have passed (Fee Regulation, Art. 8(6)). [5] If the patent fees are not paid in the period for late payment either, the patent application is deemed abandoned. If the period for late payment has ended but the period for payment of under-paid patent fees has not ended, this is when the under-paid patent fees are not paid in that period (Patent Act, Art. 81(3)). [1] The period for payment of under-paid patent fees is within 1 month from the date of receipt of the order to pay the under-paid patent fee, which is issued where part of the patent fees has not been paid (Art. 81-2(2)). [1]

There is a restoration provision for the case in which, due to good cause, the patent fees were not paid in the period for late payment or the under-paid patent fees were not paid in the period for payment of under-paid patent fees. The patent fees or the under-paid patent fees can be paid within 2 months from the date on which the cause ceases to exist. This is not possible after 1 year from the later of the expiration date of the period for late payment and the expiration date of the period for payment of under-paid patent fees (Art. 81-3(1)). [1] A person who has made that payment is deemed not to have abandoned the patent application (paragraph (2) of the same Article). [1]

The Minister of Intellectual Property registers the grant of the patent when the patent fees are paid (Art. 87(2), subparagraph 1). [1] The grant is also registered when the patent fees are paid late, when the under-paid patent fees are paid, and when the patent fees are exempted (subparagraphs 2, 3 and 5 of the same paragraph). [1] The patent right arises upon registration of the grant of the patent (paragraph (1) of the same Article). [1] When the grant is registered, the Minister of Intellectual Property publishes the registration in the Patent Gazette (paragraph (3) of the same Article). [1]

The term of the patent runs from the date of registration of the grant to the date 20 years after the filing date of the patent application (Art. 88(1)). [1] The patentee pays the patent fees for the following years one year at a time, each year, based on the day corresponding to the registration date of the grant (Art. 79(1)). [1]

The amended Patent Act (Act No. 21955), which enters into force on 16 March 2027, changes this restoration provision, Article 81-3. The wording of Article 87(2), subparagraph 4 changes with it. [2] The amended Article 81-3(1) does not contain the requirement of good cause, and it excludes the case in which the patent fees were intentionally not paid or the under-paid patent fees were intentionally not paid. [2] Restoration is requested by paying an amount set by Prime Ministerial Decree. The period for the request is within 1 year from the later of the expiration date of the period for late payment and the expiration date of the period for payment of under-paid patent fees. [2] As of 9 October 2026, the Fee Regulation has no version scheduled to enter into force that sets that amount. [5] The amended Article applies to cases in which the period for late payment or the period for payment of under-paid patent fees expires on or after 16 March 2027 (Addenda, Art. 2). [2] The other Articles of the Patent Act cited in this article have the same wording in the amended Patent Act. [2]

For details, see “What is the deadline to pay the registration fee in Korea?” and “How long does a Korean patent last?“.

Example: a direct Korean filing on 2 November 2026

This is a hypothetical case. A patent application without a priority claim is filed on 2 November 2026 (Monday). The certified copy of the decision to grant is assumed to be received on 15 March 2028 (Wednesday). Periods are counted without the first day, under Article 14 of the Patent Act. [1]

In this example, the applicant filed the request for examination earlier than the last day to request examination. This is because an application is examined only when a request for examination has been filed (Patent Act, Art. 59(1)). [1] If the grant of the patent in this example is registered and the registration is published before the laying-open, the application is not laid open (Art. 64(2), subparagraph 3). [1]

FAQ

How long does a Korean patent take from filing to registration?

The first action pendency for patents and utility models in 2025, as published by the Ministry of Intellectual Property on the e-Nara Index, is 14.7 months. [6] This figure is the average time from the date of the request for examination to the sending of the examiner’s first notice, not the time to the decision to grant. [6] The time at which examination is requested also affects the total time. A request for examination can be filed within 3 years from the filing date of the patent application (Patent Act, Art. 59(2)). [1]

What happens if examination is not requested?

If no request for examination is filed in the period in which it can be filed, the patent application is deemed withdrawn (Patent Act, Art. 59(5)). [1] An applicant who failed to observe the period due to good cause can file a request for examination within 2 months from the date on which the cause ceases to exist. The request cannot be filed after 1 year from the expiration date of the period (Art. 67-3(1)). [1]

What is different for a PCT national phase application?

The filing date of the patent application is the international filing date (Patent Act, Art. 199(1)). [1] The first time limit is the period for submitting domestic documents, which is 2 years and 7 months from the priority date (Art. 201(1) and Art. 203(1)). [1] The application is laid open after the period for submitting domestic documents has passed (Art. 207(1)). [1] An applicant who filed in a foreign language can file a request for examination only after submitting the Korean translation and paying the official fees (Art. 210, subparagraph 1). [1]

Does the patent right arise when the decision to grant is received?

No. The patent right arises upon registration of the grant of the patent (Patent Act, Art. 87(1)). [1] The Minister of Intellectual Property registers the grant when the patent fees are paid (Art. 87(2)). [1] The patent fees for the first three years are paid within 3 months from receipt of the certified copy of the decision to grant (Fee Regulation, Art. 8(5)). [5]

How DEFINE IP Law Firm handles this

At filing, DEFINE IP Law Firm calculates the time limits for the request for examination, the laying-open of the application and the payment of the patent fees from the filing date, and we inform the applicant of them. We decide the timing of the request for examination by looking at the applicant’s business schedule together with the progress of examination in other countries. When a notice of grounds for rejection or a decision to grant is received, we recalculate the time limits that run from that point and inform the applicant. For questions about the procedure and schedule of a Korean patent application, please write to contact@defineip.kr.

Sources

1. Patent Act (특허법) (Act No. 21134), in force from 11 November 2025. Articles 14, 15, 16, 42, 42-2, 42-3, 46, 47, 59, 61, 62, 63, 64, 66, 66-3, 67, 67-2, 67-3, 79, 81, 81-2, 81-3, 82, 87, 88, 132-17, 176, 199, 201, 203, 207, 208 and 210; Addenda (Act No. 14035) Arts. 1 and 19; Addenda (Act No. 18505) Arts. 1, 7 and 11. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
2. Patent Act (특허법) (Act No. 21955), promulgated on 15 September 2026, scheduled to enter into force on 16 March 2027. Art. 81-3, Art. 87(2), Addenda Arts. 1 and 2. History of https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
3. Patent Act (특허법) (Act No. 14112), in force from 30 June 2016 (the version before Act No. 14035 entered into force). Art. 59. History of https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
4. Enforcement Rules of the Patent Act (특허법 시행규칙) (Prime Ministerial Decree No. 2115), in force from 14 May 2026. Arts. 16, 38 and 40-3. Addenda to the amending rule in force from 11 July 2025 (Ordinance of the Ministry of Trade, Industry and Energy No. 609); Art. 16 of the version in force from 1 November 2024 (Ordinance of the Ministry of Trade, Industry and Energy No. 579). https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)
5. Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙) (Prime Ministerial Decree No. 2098), in force from 27 February 2026. Art. 8(5) and (6). The absence of a version scheduled to enter into force was checked in the history list of the Ministry of Government Legislation (법제처). https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
6. Ministry of Intellectual Property (지식재산처), e-Nara Index (e-나라지표), “Requests for Examination and Processing of Patents, etc.” (특허 등 심사청구/처리 현황), updated 1 September 2026. https://www.index.go.kr/unify/idx-info.do?idxCd=2785 (verified 9 October 2026)
7. Patent Act (특허법) (Act No. 18409), in force from 18 February 2022 (the version before Act No. 18505 entered into force). Art. 67-2(1), Art. 132-17. History of https://www.law.go.kr/법령/특허법 (verified 9 October 2026)