Summary of priority examinations for Korean patents in 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)
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.
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