How does Korean patent practice differ from Japan and China?

Chanjoong Kim, Partner · Published 28 October 2026

Last verified 9 October 2026

At a glance

The Japanese and Chinese provisions are rendered from the wording of the original texts. The translation is that of this article and is not an official translation.

The amended Patent Act (Act No. 21955) and the amended Utility Model Act (실용신안법, Act No. 21953), both scheduled to enter into force on 16 March 2027, do not change the Korean provisions in this table. [2][4]

Korea accepts a first filing in English, Japan in a foreign language, and China requires Chinese

In Korea, an application can be filed with the specification and the captions in the drawings written in English (Patent Act, Art. 42-3(1); Enforcement Rules of the Patent Act, Art. 21-2(1)). [1][3] The Korean translation is due by the day on which 1 year and 2 months have passed from the date in the subparagraphs of Art. 64(1) of the Patent Act. If there is no priority claim, that date is the filing date of the patent application. If there is a priority claim, it is the filing date of the application on which the claim is based. If there are two or more priority claims, it is the earliest of those dates (Art. 64(1), subparagraphs). [1] If, before that time limit, the applicant receives notice that a third party has requested examination, the time limit is brought forward. It is the earlier of the day on which 3 months have passed from the date of receipt of the notice and the day on which the 1 year and 2 months have passed (Art. 42-3(2), proviso). [1] If the Korean translation of the specification is not filed, the application is deemed withdrawn on the day after the time limit (Art. 42-3(4)). [1]

In Japan, an application can be filed with a document written in “English or another foreign language” attached (Japanese Patent Act, Art. 36-2(1); Regulation for Enforcement of the Patent Act, Art. 25-4). [5][6] The Japanese translation is due within 1 year and 4 months from the filing date of the patent application. If priority is claimed, the period runs from the filing date of the application on which the claim is based, and if there are two or more, from the earliest date (Art. 36-2(2)). [5] For a divisional application, a converted application and a patent application based on a utility model registration, the translation can be filed within 2 months from the date of that application, even after the 1 year and 4 months have passed (Art. 36-2(2), proviso). [5] If no translation is filed within the period, the Commissioner of the Japan Patent Office gives notice, and the translation can be filed within 2 months from the date of the notice (Art. 36-2(3) and (4); Regulation for Enforcement, Art. 25-7(4)). [5][6] If the translation of the foreign-language document (other than the drawings) is not filed within those 2 months either, the patent application is deemed withdrawn at the time when the period in the main clause of paragraph (2) expired (Art. 36-2(5)). [5]

Art. 3 of the Chinese Implementing Regulations of the Patent Law requires documents submitted under the Patent Law and the Implementing Regulations to be written in Chinese. [9] Application documents not written in Chinese are not accepted (Art. 44, item (2)). [9] However, for a PCT application filed in a foreign language, the Chinese translation is filed on entry into the Chinese national phase (Art. 121). [9]

The time limit for the translation in the PCT national phase also differs from country to country. In Korea, it is 2 years and 7 months from the priority date, and the Patent Act calls this period the period for submitting domestic documents (Art. 201(1)). [1] If the applicant states, in the document under Art. 203(1) of the Patent Act, that an extension of the period for filing the translation is requested, 1 month is added. That document must be filed from 1 month before the expiration date of the period for submitting domestic documents until the expiration date, and the extension is excluded where the Korean translation was filed before that document (Art. 201(1), proviso). [1] If the Korean translation of the description of the invention and the claims is not filed within that period, the international patent application is deemed withdrawn (Art. 201(4)). [1] In Japan, it is 2 years and 6 months from the priority date. If the document under Art. 184-5(1) is filed between 2 months before expiry and the expiry date, the translation can be filed within 2 months from the date of that filing. The extension is excluded where the translation was filed on or before the date on which that document was filed (Art. 184-4(1), proviso). [5] If the translation of the description and the claims is not filed within that period, the international patent application is deemed withdrawn (Art. 184-4(3)). [5] In China, it is 30 months from the priority date, and the entry procedure can be taken within 32 months if the additional fee for late entry is paid (Implementing Regulations, Art. 120). [9] The requirements for the entry procedure include the Chinese translation of the description and the claims (Art. 121, paragraph 1, item (3)). [9]

For details, see “Can I file a patent application in English in Korea?” and “What is the deadline for entering the Korean national phase?“.

The request for examination is due in 3 years everywhere, but China counts from the priority date

In Korea, any person can file a request for examination within 3 years from the filing date of the patent application (Patent Act, Art. 59(2)). [1] These 3 years apply to patent applications filed on or after 1 March 2017. The previous provisions apply to patent applications filed before that date (Addenda to Act No. 14035, Arts. 1 and 19). [1] The patent applicant cannot request examination where the claims are not stated in the specification or where the Korean translation of a patent application in a foreign language has not been filed (Art. 59(2), proviso). [1] If no request for examination is filed within the period, the patent application is deemed withdrawn (Art. 59(5)). [1]

The Korean 3 years run from the date of filing in Korea, not from the filing date of the application on which a priority claim under the Treaty is based. Art. 54(1) of the Patent Act treats the date of filing abroad as the date of filing in Korea when Arts. 29 and 36 are applied. Art. 59 is not among them. [1] For a PCT application, the international filing date is the filing date of the patent application (Art. 199(1)). [1]

In Japan, the period is also within 3 years from the date of the patent application (Japanese Patent Act, Art. 48-3(1)). [5] If no request is filed within the period, the patent application is deemed withdrawn (Art. 48-3(4)). [5] A PCT application is deemed a patent application filed on the international filing date (Art. 184-3(1)). [5]

In China, substantive examination is requested within 3 years from the filing date of the application for a patent for invention (Patent Law of China, Art. 35). [8] However, Art. 12 of the Implementing Regulations requires the filing date referred to in the Patent Law to be read as the priority date where there is a priority right. The exceptions are the cases of Arts. 28 and 42 of the Patent Law. [9] Counted according to the wording of the three provisions, the Chinese deadline for the request for examination comes first among applications in the three countries that claim the same priority. It is earlier by the difference between the priority date and the filing date. [1][5][8][9]

The provisions on what happens after the period is missed differ. In Korea, examination can be requested where the period was not observed for good cause. 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 period (Patent Act, Art. 67-3(1)). [1] In Japan, the request can be made within the period set by Order of the Ministry of Economy, Trade and Industry, unless it is found that the request was intentionally not made (Art. 48-3(5)). [5] That period is 2 months from the date on which the request became possible, and it cannot exceed 1 year after the 3-year period has passed (Regulation for Enforcement, Art. 31-2(4)). [6] Art. 35 of the Patent Law of China deems withdrawn an application whose time limit was missed without a justified reason. [8]

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

The disclosure exception is 12 months in Korea, 1 year in Japan and 6 months in China

In Korea, the disclosure exception applies if the patent application is filed within 12 months from the date of disclosure (Patent Act, Art. 30(1)). [1] There are two grounds. One is disclosure by the person with the right to obtain a patent, and the other is disclosure against that person’s intention. [1] Among disclosures by the right holder, the case where the application was laid open or the registration was published in Korea or abroad under a treaty or an Act is excluded (Art. 30(1), subparagraph 1, proviso). [1] To rely on disclosure by the right holder, the applicant states this in the written patent application and files the supporting documents within 30 days from the filing date (Art. 30(2)). [1] If the supplementary fee is paid, they can also be filed in the period in which an amendment can be made and in certain other periods (Art. 30(3)). [1] The provisions for which Art. 54(1) treats the date of filing abroad as the date of filing in Korea are Arts. 29 and 36, and Art. 30 is not among them. [1]

In Japan, the period is also 1 year (Japanese Patent Act, Art. 30(1) and (2)). [5] Among disclosures resulting from an act of the right holder, the case of publication in a gazette relating to inventions, utility models, designs or trademarks is excluded (Art. 30(2)). [5] To rely on a disclosure resulting from an act of the right holder, the applicant files a document stating this at the same time as the application, and files a certificate within 30 days from the filing date (Art. 30(3)). [5]

In China, the period is 6 months and the grounds are narrow. Art. 24 of the Patent Law of China lists four cases. [8]

• The invention was first made public for the public interest in a state of national emergency or an extraordinary situation
• The invention was first exhibited at an international exhibition sponsored or recognized by the Chinese Government
• The invention was first made public at a prescribed academic or technical meeting
• Another person disclosed the content without the consent of the applicant

The 6 months in Art. 24 are the 6 months before the filing date, and where there is a priority right, that filing date is the priority date (Implementing Regulations, Art. 12). [9] The scope of the exhibitions and meetings is set separately by Art. 33 of the Implementing Regulations. [9] In the cases of an exhibition and a meeting, the applicant declares the fact when filing (声明) and files the supporting documents within 2 months from the filing date. Otherwise, Art. 24 does not apply (Art. 33, paragraphs 3 and 5). [9] Art. 24 lists the four cases above as “one of the following circumstances”, and publication of a paper or sale of a product by the applicant itself is not in that list. [8]

For details, see “What is the grace period under the disclosure exception in Korea?”.

All three countries prohibit a multiple dependent claim that refers to another multiple dependent claim

In Korea, Art. 5(6) of the Enforcement Decree of the Patent Act (특허법 시행령) prohibits a claim that refers to two or more claims from referring to another claim that refers to two or more claims. The same applies where the claim referred to refers to one claim and that claim as a result refers to two or more claims. [3] A claim that refers to two or more claims states the numbers of those claims in the alternative (Art. 5(5)). [3]

In Japan, Art. 24-3, item 5 of the Regulation for Enforcement of the Patent Act sets the same rule. A claim that refers to two or more other claims in the alternative cannot refer to another claim that refers to claims in that way. [6] This rule entered into force on 1 April 2022 and applies to patent applications filed on or after that date. Patent applications filed before that date are governed by the previous rules (Supplementary Provisions of Order of the Ministry of Economy, Trade and Industry No. 10 of 2022, Arts. 1 and 2). [6]

In China, the provision is Art. 25 of the Implementing Regulations. A multiple dependent claim that refers to two or more claims can refer to the preceding claims only in the alternative, and cannot serve as the basis for another multiple dependent claim. [9]

For details, see “Are multiple dependent claims allowed in Korea?“.

The time when a divisional application can be filed differs by country

In Korea, a divisional application can be filed in three periods (Patent Act, Art. 52(1)). [1] The first is the period in which an amendment can be made under Art. 47(1). The second is within 3 months from the date on which the certified copy of the decision of rejection (decision to reject a patent application) is served. If the period for filing a petition for trial is extended, it is the extended period. The third 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 than the end of the 3 months, the period ends on that date. [1] The third period applies in the same way when the certified copy of a trial decision made to register a patent (including a trial decision on retrial), among trial decisions to revoke a decision of rejection, is served. [1] A patent application in a foreign language can be divided only if the Korean translation has been filed (Art. 52(1), proviso). [1]

Korea also has the separational application (splitting-off). If an appeal against the examiner’s decision to reject a patent application (trial on rulings rejecting patent applications) is dismissed, part of the application can be separated into a new application within 30 days from the date on which the certified copy of the trial decision is served (Art. 52-2(1)). [1] If the presiding administrative patent judge has set an additional period, it is within that period. [1] The claims that can be stated in a separational application are limited to those set in the subparagraphs of that paragraph. [1]

Japan also has three cases (Japanese Patent Act, Art. 44(1)). [5] They are the time or period in which the description and other documents can be amended, within 30 days from the date on which the certified copy of the decision to grant is served, and within 3 months from the date on which the certified copy of the first decision of refusal is served. [5] Two kinds of decision to grant are excluded from the 30 days after a decision to grant. One is a decision to grant under Art. 51 as it applies mutatis mutandis under Art. 163(3). The other is a decision to grant for an application referred to examination under Art. 160(1). [5] If the period in Art. 108(1) is extended, the 30 days are deemed extended by that extension, and if the period in Art. 121(1) is extended, the 3 months are deemed extended by that extension (Art. 44(5) and (6)). [5]

In China, Art. 48 of the Implementing Regulations sets the time limit as before the end of the time limit in Art. 60, paragraph 1. [9] The time limit in Art. 60, paragraph 1 is the 2-month time limit for the registration formalities, counted from the date of receipt of the notification of grant. [9] A divisional application cannot be filed for an application that has already been rejected, withdrawn or deemed withdrawn (Art. 48, paragraph 1, proviso). [9]

Placed side by side, the three provisions differ in the period after the grant is decided. It is 3 months in Korea, 30 days in Japan and 2 months in China. [1][5][9]

For details, see “When can I file a divisional application in Korea?“.

The procedures after a decision of rejection and after registration differ in name and period

In Korea, there are two routes within 3 months from the date on which the certified copy of the decision of rejection is served. The applicant amends the specification or drawings and requests re-examination (Patent Act, Art. 67-2(1)), or files a petition for trial with the Intellectual Property Trial and Appeal Board (IPTAB, 특허심판원) (Art. 132-17). [1] The period for filing a petition for trial can be extended once by up to 30 days, and in that case the period for re-examination is also the extended period (Arts. 15(1) and 67-2(1)). [1] For a person in a remote area or an area with poor access to transport, the number of extensions and the period can be extended further (Art. 15(1), proviso). [1] Re-examination cannot be requested where a decision to grant or reject has already been made on re-examination, where a petition for trial has been filed (except where the decision of rejection has been revoked), or where the application is a separational application. A request for re-examination cannot be withdrawn (Art. 67-2(1), proviso, and (4)). [1]

In Japan, an appeal against a decision of refusal is filed within 3 months from the date on which the certified copy of the decision of refusal is served (Japanese Patent Act, Art. 121(1)). [5] In China, reexamination is requested within 3 months from the date of receipt of the notification of the decision of rejection (Patent Law of China, Art. 41). [8]

The procedures by which a third party challenges a patent after registration also differ. In Korea, any person can file a request for revocation of a granted patent, and the period runs from the registration date until the day on which 6 months have passed after the date of publication of registration (Patent Act, Art. 132-2(1)). [1] The grounds are a violation of Art. 29 and a violation of Art. 36(1) to (3). Among violations of Art. 29, the case falling under paragraph (1), subparagraph 1 of that Article and the case where the invention could easily have been made from an invention under that subparagraph are excluded. [1] A request cannot be based on prior art published in the Patent Gazette at the time of publication of registration (information on the prior art in the grounds for rejection notified by the examiner; Art. 87(3), subparagraph 7) (Art. 132-2(2)). [1] In Japan, any person can also file an opposition, within 6 months from the date of issue of the gazette containing the patent (Art. 113). [5]

The Patent Law of China has no provision for an opposition procedure that is available only for a fixed period after grant. A search for “异议” in the full text of the Patent Law on 9 October 2026 returned no result. [8] Any person can request invalidation from the date of announcement of the grant (Art. 45). [8] Before grant, any person can submit observations from the date of publication of the application until the date of announcement of the grant (Implementing Regulations, Art. 54). [9]

For details, see “How do I appeal a decision of rejection in Korea?” and “What is a request for revocation of a granted patent in Korea, and what is its deadline?”.

Only Korea examines utility models on a request for examination

In Korea, a utility model application is examined only when examination is requested (Utility Model Act, Art. 12(1)). [4] The period for the request for examination is 3 years from the filing date of the utility model application (Art. 12(2)). [4] If there is a ground for rejection, the examiner issues a decision of rejection of the utility model registration (Art. 13). [4] The term of a utility model right runs from the registration date until the day on which 10 years have passed after the filing date (Art. 22(1)). [4]

The Utility Model Act of Japan (実用新案法) has no provision on a request for examination of an application. The utility model right is registered unless the application has been abandoned, withdrawn or dismissed (Art. 14(2)). [7] The term ends 10 years from the filing date (Art. 15). [7] Instead, the right holder cannot enforce the right until after giving a warning with a report of Utility Model Technical Opinion (実用新案技術評価書) (Art. 29-2). [7]

In China, the request for substantive examination concerns applications for a patent for invention (Patent Law of China, Art. 35). [8] For a utility model application, the grant is decided if the preliminary examination finds no ground for rejection (Art. 40). [8] The term of a patent right for a utility model is 10 years from the filing date (Art. 42). [8] After the decision to grant is announced, a patent right evaluation report (专利权评价报告) can be requested (Implementing Regulations, Art. 62). [9]

For details, see “What is a Korean utility model, and when should it be used?”.

The term of a patent and the agent for an overseas resident are similar in the three countries

In all three countries, the term of a patent is 20 years by reference to the filing date. In Korea, it runs from the registration date until the day on which 20 years have passed after the filing date of the patent application (Patent Act, Art. 88(1)). [1] In Japan, it ends 20 years from the filing date of the patent application (Japanese Patent Act, Art. 67(1)). [5] In China, it is 20 years from the filing date, and this filing date is not the priority date (Patent Law of China, Art. 42; Implementing Regulations, Art. 12). [8][9] Each of the three countries has two separate provisions that extend the term. One is the provision for delayed registration. The other concerns, in Korea and Japan, a period in which the invention could not be worked (practiced) because of an approval or similar disposition and, in China, the time taken by the review and approval for marketing of a new drug (Patent Act, Arts. 89 and 92-2; Japanese Patent Act, Art. 67(2) and (4); Patent Law of China, Art. 42, paragraphs 2 and 3). [1][5][8]

The rules on agents are also similar. In Korea, a person with no domicile or place of business in Korea (an overseas resident) can take procedures only through a patent administrator. The exception is where the overseas resident is staying in Korea (Patent Act, Art. 5(1)). [1] An overseas resident who is the applicant of an international patent application can take procedures without a patent administrator until the reference date (Art. 206(1)). [1] An overseas resident who has filed the Korean translation must appoint a patent administrator and report the appointment within 2 months from the reference date, and if no report is made, the international patent application is deemed withdrawn (Art. 206(2) and (3); Enforcement Rules, Art. 116). [1][3] In Japan, a person with no domicile or residence (for a corporation, no place of business) in Japan must act through a patent administrator, and the exception is the cases set by Cabinet Order (Japanese Patent Act, Art. 8(1)). [5] An overseas resident who is the applicant of an international patent application can take procedures without a patent administrator until the standard time for national processing (国内処理基準時) (Art. 184-11(1)). [5] In China, a foreigner, a foreign enterprise or another foreign organization with no habitual residence or place of business in China must entrust a patent agency (Patent Law of China, Art. 18). [8] Even where an agency has been entrusted in this way, the applicant or the patentee can itself file the copy of the application documents on which priority is based and pay fees (Implementing Regulations, Art. 18). [9]

For details, see “How long does a Korean patent last?” and “Is a power of attorney required for a Korean patent application?“.

FAQ

If I file in Korea, Japan and China with the same priority, is the deadline for the request for examination the same?

No. In Korea and Japan, it is 3 years from the filing date of the patent application in each country (Patent Act, Art. 59(2); Japanese Patent Act, Art. 48-3). [1][5] In China, where there is a priority right, it is 3 years from the priority date (Patent Law of China, Art. 35; Implementing Regulations, Art. 12). [8][9]

In which countries can I file first with an English specification?

Korea and Japan. In Korea, the application is filed in English and the Korean translation is filed by the day on which 1 year and 2 months have passed from the filing date (if priority is claimed, the filing date of the application on which the claim is based) (Patent Act, Art. 42-3; Enforcement Rules, Art. 21-2). [1][3] In Japan, the application is filed in “English or another foreign language” and the Japanese translation is filed within 1 year and 4 months from the filing date (if priority is claimed, the filing date of the application on which the claim is based) (Japanese Patent Act, Art. 36-2; Regulation for Enforcement, Art. 25-4). [5][6] In China, documents submitted are written in Chinese (Implementing Regulations, Art. 3). [9]

Eight months have passed since a presentation at an academic conference, and no application has been filed anywhere yet. Can the disclosure exception be claimed in the three countries?

Looking at the period alone, it is still running in Korea (12 months) and Japan (1 year) and has passed in China (6 months before the filing date) (Patent Act, Art. 30; Japanese Patent Act, Art. 30; Patent Law of China, Art. 24). [1][5][8] Apart from the period, each country has its own grounds and procedural requirements, so an individual case should be checked with an agent in each country.

How DEFINE IP Law Firm handles this

When DEFINE IP Law Firm takes on a Korean application, we first check where its deadlines differ from those of the Japanese and Chinese applications in the same family. We manage the deadline for the request for examination and the time when a divisional application can be filed separately, according to the Korean provisions. The deadlines and requirements of other countries are confirmed by the agent in that country. For questions about the Korean procedure for cases filed together in Korea, Japan and China, please write to contact@defineip.kr.

Sources

1. Patent Act (특허법), Act No. 21134, in force from 11 November 2025. Arts. 5, 15, 30, 42-3, 47, 52, 52-2, 54, 59, 64, 67-2, 67-3, 87, 88, 89, 92-2, 132-2, 132-17, 199, 201 and 206; Addenda (Act No. 14035), Arts. 1 and 19. 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. The Articles above (only Art. 87(2), subparagraph 4 differs, and the parts used in this article are the same as the current text); Addenda, Arts. 1 and 2. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
3. Enforcement Decree of the Patent Act (특허법 시행령), Presidential Decree No. 35809, in force from 1 October 2025, Art. 5. Enforcement Rules of the Patent Act (특허법 시행규칙), Prime Ministerial Decree No. 2115, in force from 14 May 2026, Arts. 21-2 and 116. https://www.law.go.kr/법령/특허법시행령 , https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)
4. Utility Model Act (실용신안법), Act No. 21065, in force from 1 October 2025. Arts. 12, 13 and 22. The same Articles in the version scheduled to enter into force (Act No. 21953, in force from 16 March 2027). https://www.law.go.kr/법령/실용신안법 (verified 9 October 2026)
5. Japan, Patent Act (特許法, 昭和34年法律第121号), e-Gov Laws and Regulations Search of Japan (e-Gov 法令検索), version in force from 24 June 2026. Arts. 8, 30, 36-2, 44, 48-3, 67, 113, 121, 184-3, 184-4 and 184-11. https://laws.e-gov.go.jp/law/334AC0000000121 (verified 9 October 2026)
6. Japan, Regulation for Enforcement of the Patent Act (特許法施行規則, 昭和35年通商産業省令第10号), e-Gov Laws and Regulations Search of Japan (e-Gov 法令検索), version in force from 21 May 2026. Arts. 24-3, 25-4, 25-7 and 31-2; Supplementary Provisions (令和4年経済産業省令第10号), Arts. 1 and 2. https://laws.e-gov.go.jp/law/335M50000400010 (verified 9 October 2026)
7. Japan, Utility Model Act (実用新案法, 昭和34年法律第123号), e-Gov Laws and Regulations Search of Japan (e-Gov 法令検索), version in force from 21 May 2026. Arts. 14, 15 and 29-2. https://laws.e-gov.go.jp/law/334AC0000000123 (verified 9 October 2026)
8. China National Intellectual Property Administration (国家知识产权局), Patent Law of the People’s Republic of China (中华人民共和国专利法, 2020年修正), posted on 23 November 2020, in force from 1 June 2021. Arts. 18, 24, 35, 40, 41, 42 and 45. https://www.cnipa.gov.cn/art/2020/11/23/art_97_155167.html (verified 9 October 2026)
9. China National Intellectual Property Administration (国家知识产权局), Implementing Regulations of the Patent Law of the People’s Republic of China (中华人民共和国专利法实施细则, 2023年修订), posted on 21 December 2023, in force from 20 January 2024. Arts. 3, 12, 18, 25, 33, 44, 48, 54, 60, 62, 120 and 121. https://www.cnipa.gov.cn/art/2023/12/21/art_98_189197.html (verified 9 October 2026)