Filing a Patent in Korea: Procedure and Deadlines for Foreign Applicants
Pine IP Firm
July 21, 2026
Foreign applicants may protect an invention in Korea by filing a Paris Convention application directly with the Ministry of Intellectual Property (MOIP) or by entering the Korean national phase of a PCT application. An applicant without a domicile or business address in Korea must appoint a patent administrator who has a Korean domicile or business address. Foreign applicants generally appoint a Korean patent attorney for this role.
The filing route determines the initial deadline, required documents, and timing of the Korean translation. Substantive examination is requested separately after filing, and registration requires payment of the first three annual fees.
A Paris Convention application must be filed within 12 months of the earliest priority application. This route is suitable when Korea is already part of the filing program and the applicant can prepare the Korean filing within that period.
A PCT application may enter the Korean national phase within 31 months of the earliest priority date. The international search report and written opinion may inform the Korean prosecution strategy, but they do not bind MOIP. A Korean examiner applies Korean patent law independently.
| Action | Standard deadline |
|---|---|
| Paris Convention direct filing | 12 months from the earliest priority date |
| PCT national phase entry | 31 months from the earliest priority date |
| Korean translation for an English-language direct filing | Generally 14 months from the earliest priority date |
| Request for substantive examination | 3 years from the Korean filing date, or the international filing date for a PCT case |
| Response to a preliminary rejection | The period stated in the notice; many current notices allow 4 months |
| Payment of the first through third annual fees | Within 3 months after the decision to grant |
The application must identify the applicant, each inventor, the invention title, and any priority claim accurately. When the applicant is an assignee, the applicant should confirm the chain of title before filing. Corrections to applicant or priority information may be restricted after the applicable deadline.
Priority documents are often exchanged through WIPO's Digital Access Service. Availability depends on the participating offices and the relevant application, so Korean counsel should confirm the required priority-document procedure before the deadline.
A Korean patent application ordinarily includes a request, specification, claims, abstract, and drawings where necessary. A direct application may be filed in English to secure a filing date, followed by a Korean translation within the statutory period. A PCT national phase filing must include the Korean translation and national-phase documents applicable to the international application, including any Article 19 or Article 34 amendments relied upon.
The translation defines the text examined in Korea. Claim dependencies, transitional terms, technical terminology, and references between the claims, specification, and drawings require particular attention. A bilingual claim glossary and a technical review of each independent claim reduce inconsistency between the source document and the Korean text.
A foreign applicant without a Korean domicile or business address must appoint a Korean patent administrator. A power of attorney may be required, together with a Korean translation if the executed document is in another language. MOIP may also require a priority document or its translation depending on the filing route and available document-exchange arrangements.
As of the editorial review date, the official electronic filing fee for a standard patent application is KRW 46,000. Priority claims and other procedural items may incur additional official fees. Translation and professional fees are separate.
Most applications are published 18 months after the filing date or earliest priority date. Publication does not initiate substantive examination. The applicant or another interested party must request examination within three years of the Korean filing date. For a PCT national phase application, the period runs from the international filing date.
An application is deemed withdrawn if no valid examination request is filed by the deadline. An earlier request may advance prosecution. A later request within the statutory period may defer cost and allow the applicant to consider prosecution results in other jurisdictions.
A preliminary rejection may address novelty, inventive step, clarity, support, enablement, unity, or formal requirements. The response must be filed within the period stated in the notice. Extensions may be available on payment of the prescribed fee, subject to the applicable rules and the notice.
The response should identify the cited passages, compare them with the Korean claim language, and explain the asserted technical distinction. Any amendment must remain supported by the disclosure as filed. An examiner interview may clarify terminology or the operation of the claimed invention, but it does not replace a timely written response.
After a decision to grant, the applicant must pay the first three annual fees together within three months. Later annual fees are payable annually. A third party may file a post-grant cancellation petition within six months after publication of the patent registration, and an eligible challenger may seek invalidation under the Patent Act.
The ordinary patent term is 20 years from the filing date, subject to annual-fee payment and any applicable term adjustment or extension.
The time to disposition depends on when examination is requested, the technical field, and the number and complexity of Office Actions. A conventional application may require approximately two to three years after the examination request to reach final disposition. An accelerated examination program may shorten that period if the application satisfies its eligibility requirements.
Legal and editorial review: July 16, 2026. MOIP is Korea's current IP authority; some official English pages may retain KIPO or transitional terminology.
This article provides general information, not legal advice. Korean law and MOIP practice may change, and the correct action depends on the facts and relevant dates.
