Patent
Articles on patents and utility models in Korea.
- Insights (33)
- Korean IP System (9)
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What are the official English terms for Korean IP procedures?
The English terms for Korean IP procedures are read in two places: the English translations of statutes posted by the Ministry of Government Legislation (법제처), and the English materials of the Ministry of Intellectual Property (MOIP, 지식재산처), which are its English website and the English edition of the Patent Examination Guidelines.
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How does Korean patent practice differ from EPO practice?
In Korea, the time limit for the request for examination is 3 years from the filing date of the patent application. At the European Patent Office (EPO), it is up to 6 months after the date on which the European Patent Bulletin mentions the publication of the European search report.
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How does Korean patent practice differ from US practice?
In Korea, a patent application is examined only when a request for examination has been filed. The request for examination is filed within 3 years from the filing date of the patent application (Patent Act (특허법), Art. 59). The US patent statute, 35 U.S.C. 131, does not state a procedure called a request for examination.
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Which Korean bodies handle IP: MOIP, IPTAB and the courts?
The Ministry of Intellectual Property (MOIP) (지식재산처) examines and registers patent, utility model, design and trademark applications. MOIP was created on 1 October 2025. The body before it was the Korean Intellectual Property Office (KIPO) (특허청).
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What are the key deadlines in Korean patent practice?
Korean patent deadlines are either periods fixed by statute or periods set by the examiner. Entry into the Korean national phase of a PCT application is due within 2 years and 7 months (31 months) from the priority date. The request for examination is due within 3 years from the filing date of the patent…
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What official fees does a Korean patent cost over its life?
The official fees for a Korean patent are paid at four stages: at filing, at the request for examination, at registration, and every year after registration. Other official fees are paid only when the procedure concerned is taken.
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What is the timeline of a Korean patent application from filing to registration?
The procedure for a Korean patent application from filing to registration (often called “patent prosecution” outside Korea) proceeds in this order: filing, request for examination, laying-open of the application, examination, decision to grant, payment of the patent fees, and registration of the grant of a patent (registration of establishment of a patent right). The laying-open…
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How do I search Korean patents in English?
Korean patents are searched in KIPRIS, the Korea Intellectual Property Rights Information Service (www.kipris.or.kr). The English screen is not a separate website. It is the same address with the language switched.
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How are AI inventions examined in Korea?
The Korean Patent Act (특허법) has no provision that applies only to AI inventions. AI inventions are examined under the general patentability requirements. The standards specific to AI are in Chapter I, “Artificial Intelligence Field” (제1부 인공지능 분야), of the Examination Practice Guidelines by Technology Field (기술분야별 심사실무가이드) of the Ministry of Intellectual Property (MOIP,…
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Is software patentable in Korea?
Yes. The Korean Patent Act has no provision that excludes software or business methods from patentable subject matter.