Priority examination is a critical process for applicants seeking rapid protection of their technologies. This procedure becomes especially important if the technology is already in use by a third party or pertains to strategic fields like defense or green technology, where urgent protection may be essential. To apply for priority examination, applicants must submit supporting documents that substantiate the urgency and validity of their request as outlined by the relevant official notices.
This guide provides an organized list of documents currently recognized by the Korean Intellectual Property Office (KIPO) for priority examination applications in patents and utility models.
Required Supporting Documents
Article 4, Clause 1: Third-Party Usage After Publication
- Evidence of third-party use, such as photos, catalogs, etc.
Article 4, Clause 2: Expedited Processing After Prior Art Search
- Defense Industry: Documents confirming the application pertains to defense materials or manufacturing methods.
- Green Technology: Evidence that the patent application is classified under KIPO-designated green technology.
- Export Promotion:
- Export performance documentation
- Documentary proof of a letter of credit or other financial backing
- Buyer requests for patents/utility models related to export goods
- Export contracts or international standard adoption documentation
Article 4, Clause 2 (Sub-clauses):
- National/Local Government-Related Applications: Evidence of application relevance to government duties.
- Venture or Innovative Small and Medium Enterprises (SMEs):
- Documents linking the invention to the company’s industry (e.g., business registration)
- Venture certification (for venture enterprises)
- Proof of selection as an innovative SME
- Certification of excellence in employee invention compensation (if applicable)
- National R&D Results for SMEs:
- Research agreements or development plans related to the invention
- Certification as a small or medium-sized business
- Patent trend investigation reports or strategy support documentation
- International Priority Claims:
- Evidence of a priority claim basis (e.g., a copy of the foreign application)
- Proof of foreign patent procedures (e.g., payment receipts or notifications)
Other Specific Fields and Special Circumstances:
- Regulatory Free Zones/Regional Special Development Zones: Official notices or participation proof in the relevant zone.
- Advanced Medical Complexes: Official documentation from the relevant medical industry agency.
- Environmental Protection: Documents verifying the application pertains to pollution prevention or removal technologies.
- 4th Industrial Revolution Technologies: Documentation showing the application is classified under KIPO’s new patent classifications for advanced technologies.
- PCT International Examination: Evidence of submission to the Patent Cooperation Treaty (PCT) international investigation or written opinion.
- Advanced Technologies (Semiconductors, etc.): Proof that the application is included in KIPO's announced targets.
Article 4, Clause 5: Disaster Response Necessity After Prior Art Search
- Medical/Quarantine Supplies: Relevant documentation for medical or quarantine supplies.
- Disaster Safety Products: Certification of disaster safety products.
- Emergency Disaster Response: Proof that the application qualifies as an emergency disaster response.
Note: The above list is based on KIPO’s official guidelines. Actual documentation requirements may vary depending on the specific application type and circumstances. For more detailed information, please consult KIPO’s website or contact the relevant department directly.
