Korean Provisional Specification Application: Costs and Strategies at a Glance

Introduction

Recently, the Korean Intellectual Property Office (KIPO) introduced a new system called the “Provisional Specification Application,” commonly referred to as 가출원. This system allows applicants to secure an earlier filing date by submitting a simple, preliminary version of their invention’s description to KIPO. As a result, organizations can reduce the time and resources otherwise required to prepare a full patent specification. In the fiercely competitive patent landscape, this new system is quickly becoming a key strategy for those looking to secure rights ahead of their competitors.

In this article, we at Pine IP Firm will discuss the key aspects of the provisional application system, its advantages, and how to use it effectively. We offer support for provisional filings at a reasonable cost, so please feel free to contact us if you have any questions or need assistance.

1. What Is the Provisional Specification Application (가출원)?

A provisional application (가출원) is a system that allows inventors to file a simplified version of their invention’s description before proceeding with a full (regular) patent application. This approach is particularly helpful when you want to secure a filing date for an idea or invention quickly, even if the invention details are not yet fully finalized.

1.1 Provisional Filing Before a Full Patent Application

Even if your invention idea is not completely finalized, you can file a brief description to secure the filing date at KIPO in advance.

1.2 Saving Time and Costs

When an invention idea is not fully refined, drafting a complete patent specification can be time-consuming and expensive. By filing a provisional application, you can temporarily reduce that burden and focus on perfecting the invention details later.

2. Why Was the Provisional Specification System Introduced?

In the world of R&D, whether it’s a large corporation, a startup, or a research institute, filing patents as early as possible is critical. Patents in most jurisdictions (including Korea) operate under a “first-to-file” system, where rights are granted to whoever files first. Delaying even briefly can mean losing the opportunity to secure important patent rights.

Previously, the official patent application date was only recognized once a formal specification was submitted in compliance with KIPO’s prescribed format (Form No. 15). Researchers and companies had to reorganize their papers, research notes, technical documents, etc., to meet all requirements—causing significant delays.

To solve this problem, KIPO introduced the provisional system on March 30, 2023. By submitting a simplified “provisional specification,” applicants can secure an earlier filing date. Later, they can file a full specification to proceed with substantive patent examination—mirroring the long-established “provisional application” process in the United States.

3. Key Features of the Provisional Specification Application System

1. No Fixed Format Required
   • When filing a provisional application, you can submit the content in any general file format (PDF, HWP, DOCX, PPT, JPG, etc.). This means you can file research notes, technical reports, or presentation slides directly without converting them to a specific patent specification format.
2. Full Patent Filing (with Priority Claim) Within One Year
   • A provisional application itself cannot undergo patent examination. You must file a regular (full) application that claims priority to the provisional application within one year to preserve the earlier filing date.
   • Another method is to submit a full specification within 1 year and 2 months from the provisional filing date, but in practice, most applicants prefer filing a full application with priority within one year.
3. Reduced Costs and Simplified Process
   • At Pine IP Firm, we charge KRW 200,000 (approx. USD 160) for provisional filings. By filing a provisional application first, you can secure the filing date swiftly and only incur additional costs later when transitioning to a formal application and examination process.
   • This staggered cost approach helps manage internal approvals, reduces documentation risks, and secures your priority date early.

4. Why Companies Should Actively Use Provisional Applications

1. Securing an Earlier Filing Date for a Competitive Edge
   • In the intense world of patent competition, “who files first” can be the deciding factor. If there’s any risk of delay due to a paper publication, conference presentation, or product launch, consider filing a provisional application immediately to lock in your filing date.
2. Efficient R&D Strategy
   • By filing provisionally, you can secure the priority date and then take your time to prepare the full specification. This approach allows you to allocate R&D resources more effectively and refine the technology or invention before finalizing the regular application.
3. Integration with Global Patent Strategies
   • If you plan to file in major markets like the United States or Europe, you can claim priority from the Korean provisional filing date when pursuing foreign applications. This often accelerates your overseas patent filing timeline and strengthens your position in global markets.

5. Points to Note for Filing the Full Specification After a Provisional

1. Consistency Between the Provisional and Full Specification
   • If you add new information in the full specification that was not included in the provisional application, that additional information may not benefit from the provisional filing date.
   • To ensure a robust priority claim, it is best to include as many details (e.g., examples, technical features, drawings) as possible in the provisional specification.
2. Deadline for Submitting the Full Specification
   • As a rule of thumb, filing a regular application with priority claim within one year of the provisional filing is strongly recommended.
   • Although the law allows up to 1 year and 2 months, it is generally safer and more common to finalize the application within 12 months.
3. Additional Costs
   • The provisional filing fee (about KRW 200,000) is relatively low, but you will later incur separate fees for full specification drafting, examination requests, and other related costs.
   • At Pine IP Firm, we offer one-stop services that cover provisional filing, formal specification drafting, and comprehensive patent strategies. This makes scheduling and budgeting simpler for our clients.

6. Real-World Examples of Provisional Application Usage

1. Domestic Conglomerate A
   • Background: Company A needed to present technical documents at an international standards meeting and wanted a quick way to file patent applications in Korea and the U.S.
   • Issue: Under the old system, Company A would need to format the documents according to KIPO’s specification rules—taking extra time.
   • Solution: Using the newly introduced provisional application system, Company A submitted their conference materials as-is (in PDF format) to secure the provisional filing date. They then filed a full application within one year, claiming priority from the provisional application.
2. Startups and SMEs
   • Many startups and small businesses need a patent application number for grant applications or investor proposals.
   • By submitting a concise summary of their core invention ideas as a provisional application, they can secure the filing date and gain time to refine the technology and obtain funding. This helps them remain competitive while keeping initial costs lower.
3. Companies Applying for R&D Funding
   • Government or institutional funding often requires proof of intellectual property rights.
   • Filing a provisional application can quickly satisfy this prerequisite. In many cases, the applicant obtains a filing certificate from KIPO and uses it to support an R&D funding application.

7. Pine IP Firm’s Provisional Application Services

1. Reasonable Filing Fee (KRW 200,000)
   • We focus on handling only the essential work needed to secure your filing date, reducing the initial financial burden for our clients.
2. One-Stop Patent Strategy Consulting
   • Our services extend well beyond the provisional stage. We help you:
     • File the full specification within a year
     • Develop a comprehensive examination strategy
     • Plan for overseas priority claims and international filings
3. Tailored Specification Drafting
   • We guide you in converting existing documents (research notes, academic papers, presentations, etc.) into a focused provisional specification.
   • When you’re ready for the full specification, our extensive experience helps maximize the chances of securing strong patent rights.
4. Preparing for Patent Disputes and Licensing
   • Securing an early filing date reduces the risk of patent disputes and strengthens your position in technology transfer or licensing negotiations.
   • Our firm’s wealth of dispute-resolution experience helps minimize risk and bolster your intellectual property strategy.

Conclusion: Now Is the Time to Secure Your Rights Early with a Provisional Application

The Provisional Specification Application (가출원) system is a powerful tool for companies, universities, and research institutes seeking to stay ahead in the competitive patent landscape. Even if the technology or invention is not fully perfected—or if you simply lack time to prepare a formal specification—you can still lock in your filing date by submitting a simple one-page (or more) provisional document.

Because provisional applications allow you to file existing documents (e.g., research notes, academic papers, presentation slides) in their current format, you can save both time and money. Then, by submitting the full specification within one year (or up to 1 year and 2 months), you can maintain the original provisional filing date for patent rights.

At Pine IP Firm, we offer provisional application services for KRW 200,000, covering everything from the initial filing to transitioning into a formal application and securing overseas priority. If you need to secure a filing date quickly, don’t hesitate to make the most of the provisional system. We’re here to help you every step of the way.

Contact Pine IP Firm
For more information or assistance with a provisional application, feel free to reach out to us. We provide comprehensive guidance on filing strategies, specification drafting, global patent plans, and more. Secure your rights early and stay ahead of the competition with Pine IP Firm.