How Long Does It Take from Patent Application to Registration In Korea? – Complete Guide to Patent Procedure and Duration

Here’s a comprehensive breakdown of the patent application and registration process in Korea, including typical timeframes and steps:

1. Preparing and Submitting the Patent Application – Approximately 1 Month

The first step in obtaining a patent is preparing and submitting the application. This involves drafting detailed documentation such as the specification, drawings, and claims. Given the technical and legal precision required, it's often advisable to work with a patent attorney, and this entire process usually takes around one month.

Key documents to prepare include:

• Specification: A detailed description of the invention’s purpose, structure, and working principles.
• Drawings: Visual illustrations showing the structure of the invention.
• Claims: Statements that define the scope of rights being claimed for the invention.

After these documents are finalized and thoroughly reviewed, they are submitted to the Korean Intellectual Property Office (KIPO). Since these documents form the foundation of the patent, it's critical to clearly outline the invention’s unique characteristics and the scope of protection desired.

2. Examination Stage after Filing – Typically 20 Months

Once the application is submitted, a formal examination begins. At this stage, a KIPO examiner evaluates the invention for novelty (whether it's truly new), inventiveness (whether it contributes to technological advancement), and industrial applicability (whether it can be used in industry). The time it takes to receive the first examination result after the examination request is generally around 20 months, although this can vary based on the technical field and the examiner's workload.

The examination result typically falls into two categories:

• Notification of Rejection: If the invention fails to meet requirements, a notice outlining deficiencies is sent.
• Decision of Registration: If the invention meets all criteria, the application proceeds towards registration.

3. Responding to Examination Results and Amendments – Additional 2-6 Months

If a rejection notice is received, the applicant may submit amendments or an opinion to address the examiner’s concerns. This process can add an additional 2 to 6 months to the timeline and may be repeated if necessary.

4. Final Decision and Registration: General vs. Accelerated Examination

Once the examination is complete and the invention meets all requirements, a final decision for registration is issued. As of January 2024, the average total time from application to registration is as follows:

• General Application: Takes about 26 months from filing to registration.
• Accelerated Examination Application: Takes about 6 months from filing to registration.

In an accelerated examination, the examination process begins within 2 to 5 months, significantly reducing the overall time by more than a year. This is beneficial in competitive fields where fast patent acquisition is advantageous.

Summary of Timeframes from Application to Registration

• General Application: 26 months on average.
• Accelerated Examination: 6 months on average.

Tips for Optimizing the Patent Application Process

Patents are vital assets that protect unique technological ideas and grant exclusive rights to the applicant. The time and cost required to secure a patent depend on the filing method and procedures chosen. The accelerated examination is effective when a quick registration is needed, especially in highly competitive technological fields, whereas the general application offers a more cost-effective way to secure a patent.

Understanding the time required and preparing for each stage will help you choose the filing method that best suits your needs and develop an efficient patent strategy.

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