Summary of priority examinations for Korean patents in 2025
Pine patent
January 21, 2025
Overview of the Patent Priority Examination System
Priority patent examination is a system that quickly examines patent applications (including utility model registration applications) that meet certain requirements ahead of other applications. As a general rule, patent applications are examined in the order in which they are requested, but if all applications are applied collectively, there may be situations where it is difficult for the public interest or the rights of the applicant to be sufficiently protected. Accordingly, the Patent Act and the Utility Model Act allow priority examination of inventions deemed urgent or important regardless of the ranking of the request for examination. In addition to Korea, major countries such as the US, Europe, and Japan operate similar priority screening systems.
The need for a patent priority review system
Public welfare protection: We support inventions in fields where national and public interests are at stake, such as the defense industry, pollution prevention, and green technology, to quickly secure patent rights.
Applicants' rights protection: For companies or research institutes that are actually commercializing, business opportunities may be lost due to delays in patent registration. Priority screening can create a favorable environment for entering the market and attracting investment.
Strengthening national competitiveness: Since early patent registration is essential for inventions in advanced technology fields such as the 4th industrial revolution, semiconductors, and artificial intelligence (AI), to preempt the market, priority screening plays a major role in securing competitiveness.
Shorter periods?
If you make a request for an examination without priority review, An average of 18 months until the review startsThis takes time.
If you have applied for priority screening, Approximately 2 to 5 months until the review startsIt is greatly shortened to
According to statistics from the Patent Office in December 2023, in the case of general examination, it took an average of 26 months from the date of application to patent registration, and in the case of priority examination, it took an average of 6 months from the date of application to registration of the patent.
Priority screening requirements
Priority screening applicants
ApplicantsOf course, anyone can apply for priority screening.
However, applications relating to jobs in a national or local government can only be applied for by the relevant country or local government, and organizations dedicated to technology transfer and commercialization of national and public school job inventions can apply for priority review.
An application that has been submitted for review
What is the priority review The request for review has been completed You can only apply for an application.
Since it is also possible to apply for priority review at the same time as requesting an examination, a request for examination and a request for priority examination are made at the same time as the application Simultaneous progressYou can do it.
Inventions described in the scope of the claim
To get priority screening The invention (or design) is listed in the scope of the claimIt must be.
When there are multiple claims within the scope of the claim, if any one of the claims subject to priority review is granted All applicationsis subject to priority review.
Priority Screening Application Procedure and Form
Documents to be submitted
Priority screening application(Form No. 22, Appendix to the Enforcement Regulations of the Patent Act)
Priority Screening Application Guide(Specify the reason for application and target requirements)
Applicable supporting documents or items (if required)
※ The application fee for priority screening must be paid separately to the treasury bank.
Complementary procedures
If there is a supplementary request, Submission of documents such as electronic documentsYou can supplement it by submitting (Form No. 7, Attachment to the Enforcement Regulations of the Patent Act).
Details on applying for priority screening formattingYou can check it on the Patent Office's website or in the Notices/Legislation Book.
Key targets of priority review
Priority screening is generally applied in the following cases. (For details, see the notice on the Patent Office website)
우선심사 대상
세부 요건
출원공개 후 제3자가 업으로서 실시 중인 출원 (고시 제4조제1호)
출원공개된 발명을 제3자가 사업(업)으로 실시 중임이 확인; 권리확보 시급성 인정
자체 선행기술조사 결과 긴급처리가 필요한 출원 (고시 제4조제2호)
방위산업분야 출원
「방위사업법」 규정 방산물자·제조방법; 군수·국방 분야 발명으로 긴급처리 필요
녹색기술 관련 출원
녹색기술 특허분류 부여(특허청 고시); 2024년 5월 24일 이후 우선심사신청건 적용
수출촉진 관련 출원
발명이 수출과 직접 연관; 국제표준 채택 절차 진행 등 긴급 해외진출 필요성
국가·지자체 직무발명
국가 또는 지자체 직무 수행 결과물; 국·공립학교 직무발명(기술이전·사업화 전담조직 포함)
벤처·중소·중견기업 관련 출원
벤처기업·기술혁신형 중소기업·직무발명보상 우수기업 등; 기업 업종과 관련성, 최초 출원 시 해당 기업(또는 대표자)이 출원인
국가연구개발사업 결과물
「국가연구개발혁신법」 등 R&D 과제 결과물; 중소·중견기업 R&D, 특허동향조사 실시 과제 등
조약(PCT 포함) 우선권주장 기초 출원
해당 출원을 기초로 해외(PCT 등) 우선권 주장 진행; 자기지정출원으로 취하간주된 경우는 제외
출원인이 발명을 업으로서 실시(준비) 중인 출원
사업화(업)로 실제 실시·준비 중임을 증명; 특화선도기업, 공모전, 창업지원, 규제샌드박스 등 특수 사례 포함
규제특례 적용 지역특화발전특구 관련 출원
「규제자유특구 및 지역특화발전특구에 관한 규제특례법」 제55조 적용; 특구 내 특화사업과 직접 관련
첨단의료복합단지 관련 출원
「첨단의료복합단지 육성에 관한 특별법」 제26조; 첨단의료복합단지 내 의료연구개발 발명
공해방지 목적 발명
소음·진동방지, 수질·대기오염방지, 폐기물처리·재활용 등 환경오염 방지기술
4차 산업혁명 관련 신특허분류
AI, IoT, 자율주행, 빅데이터, 클라우드, 블록체인 등; 특허청 지정 신기술 분류 부여된 출원
특허법 제198조의2 국제조사 수행된 국제특허출원
특허청이 PCT 국제조사를 수행한 국제출원; 법 제203조 서면 제출
반도체 등 첨단기술
반도체·디스플레이·이차전지 등; 특허청이 별도 공고한 국가경쟁력 핵심 기술
특허심사하이웨이(PPH) 대상 출원
해외 특허청과 동일 최우선일 공유; 해외 심사결과를 근거로 심사 신속화
재난 예방·대응·복구 등 긴급처리 출원
감염병(의료·방역 물품), 재난안전제품 인증, 재난 긴급대응 필요 등 (고시 제4조제5호)
Frequently asked questions (FAQ) when applying for priority screening
Q: Can I request an examination and apply for priority review at the same time? A: Yes, it is possible. At the same time as the application, an examination request and priority review can be carried out together.
Q: It's just been confirmed as a venture company, but can inventions submitted before that be subject to priority review? A: As a general rule, the name of the company and applicant listed on the venture enterprise certificate At the time of application They must match If there is a difference between the time the certificate is issued and the time of application, it is necessary to check in advance whether the detailed requirements of the Patent Law Enforcement Regulations and the relevant notice are met.
Q: Do I have to go through an expert or specialized agency to conduct my own prior art research? A: No The applicant himselfIt is sufficient to investigate similar technologies using this search DB (KIPRIS, etc.), and submit the results and preparation explanations in the priority review application manual.
Q: After applying for the regulatory sandbox, the results have not been obtained yet, can I apply for priority review? A: If you can prove the applicability of the regulatory sandbox, you can apply for priority review by submitting the supporting documents specified in the notice together.
Conclusions and advice
On the occasion of 2025 Patent priority review systemis developing further, and it is expected that support measures for national strategic industries will continue to expand, including various new technology fields. Since securing patent rights quickly is a key factor in technological competitiveness and market preemption, Application strategy from the invention stageIt is recommended to establish it in detail and actively utilize priority screening if necessary.
Tip: Before filing an application, Advanced technology researchwith Fill out the application formIf done thoroughly, time will be shortened and supplementary requirements will be minimized even during the priority review process. Also provided by the government, local governments, research institutes, etc. Patent strategy support projectIna Intellectual property consulting We also recommend receiving strategic support through, etc.
Join Pine IP Firm
As of 2025, patent competition is becoming more intense Patent priority reviewhas become an essential strategy for applicants seeking rapid market entry and technology monopoly. However, as the priority review system is gradually being segmented, it is easy for requirements to be met and procedural mistakes to occur.
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