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Preparation for Application: Depending on the complexity of the invention, this can take from a few weeks to several months.
Publication of Application: 18 months from the filing date.
Request for Examination: Within 3 years after the application is filed.
Examination: Between 1 and 3 years after the request for examination, depending on the complexity of the examination.
Decision to Grant: Within a few months after the examination is completed.
Issuance of Patent Rights: Upon payment of the registration fee after the decision to grant.
Overall, the total period from filing a patent application to registration typically takes about 2 to 2.5 years on average for regular examinations. However, this duration can vary depending on factors such as the workload of the patent office, the complexity of the application, amendments, and objections.
Accelerated examination is a system that processes applications faster than the regular examination process if certain conditions are met. This allows applicants to receive protection for their inventions more quickly.
Patents: On average, the decision on registration can be made within 6 months.
Trademarks and Designs: The decision on registration can be made within 2 to 4 months.
Note: An official fee ranging from 160,000 to 200,000 KRW may be charged (with a 70% reduction for businesses within three years). Additional agent fees may also apply.4o
The cost of filing a patent application can vary depending on the length of the patent specification. As of June 2024, the costs for an application with 10 claims are as follows:
Patent Attorney Fees:
Application Fee: 2,000,000 KRW (May vary depending on the complexity of the case)
Success Fee: 2,000,000 KRW (Not applicable in case of final rejection)
KIPO (Korean Intellectual Property Office) Fees:
Filing Fee: 46,000 KRW
Examination Request Fee: 676,000 KRW
Registration Fee: 399,000 KRW (Not applicable in case of final rejection)
Total Costs:Full Fees: 1,121,000 KRW
Reduced Fees for Individuals and SMEs: 336,300 KRW (70% reduction)
These costs provide a general estimate and can vary based on specific circumstances and additional services required.
A patent is valid for 20 years from the filing date. To maintain the patent, annual fees must be paid.
Patent Attorney Fees:
Application Fee: 250,000 KRW (based on 10 designated goods)
Intermediate Case Fees: Approximately 150,000 to 300,000 KRW
Registration Fee: 250,000 KRW (Not applicable in case of final rejection)
KIPO (Korean Intellectual Property Office) Fees:
Filing Fee: 52,000 KRW (based on 10 designated goods)
Registration Fee: 201,000 KRW
Trademark rights can be exercised indefinitely if renewed. A renewal application must be submitted within one year before the expiration of the validity period. Each renewal extends the trademark rights for an additional 10 years. There is no limit on the number of renewals, allowing the trademark to remain in force indefinitely.
Patent Attorney Fees:
Application Fee: 400,000 KRW (per design)
Intermediate Case Fees: Approximately 150,000 to 300,000 KRW
Registration Fee: 400,000 KRW (Not applicable in case of final rejection)
KIPO (Korean Intellectual Property Office) Fees:
Filing Fee: 94,000 KRW (for standard examination of one design, 70% reduction for individuals and SMEs)
Registration Fee: 75,000 KRW (70% reduction for individuals and SMEs)
These costs provide a general estimate and can vary based on specific circumstances and additional services required.
A design right is valid for 20 years from the filing date of the design application. To maintain the design right, annual fees must be paid.
The PCT (Patent Cooperation Treaty) is an international patent treaty that allows inventors to seek patent protection in multiple countries simultaneously through a single international patent application. This system provides the convenience of filing one application to pursue patent protection in various countries.
Key Points:
Single Application: Inventors can file one application and seek patent protection in multiple countries.
Translation and National Phase: Typically, within 30 months from the priority date, translations and national phase entries must be made in individual foreign countries.
No Automatic Grant of Patent Rights: A PCT application does not automatically grant patent rights. Each country will conduct its own examination before granting a patent.
Cost Consideration: In some cases, a PCT application may result in higher costs compared to direct national filings. Therefore, it is advisable to consult with a patent attorney before proceeding.
The PCT system simplifies the process of seeking international patent protection, but it is crucial to plan and consult with a patent attorney to make informed decisions about filing strategies and costs.
A patent map is a tool that systematically analyzes and visually represents various patent data. It helps in understanding patent filing trends, key technologies, and competitor activities in a specific technical field at a glance.
A patent map systematically analyzes and visually represents various patent data. It helps in understanding patent filing trends, key technologies, and competitor activities in a specific technical field at a glance.
Furthermore, it can be used to prevent disputes and as evidence in intellectual property litigation against competitors.
