Domestic Patent Procedure
Basic flow of patent application
- Patent Application: Write application form and apply for patent in writing or online.
- Request for Examination (Article 59 of Patent Law): A procedure of applying for examination of patent requirements ofrapplied invention on satisfaction of patent requirements that can be applied by applicant or third party. It is considered
that the application is cancelled if the request for examination is not made within 5 years from application date.
- Laying-open of application: The content of invention is disclosed to the public forcibly after 1 year and 6 months from
application date. (Early disclosure is possible according to the intention of applicant.)
- Office action: According to application of examination, examiner of the Korean Intellectual Property Office examines on
the patent requirements, and if cause of refusal that does not satisfy patent requirements is found, office action is sent to applicant and the opportunity to state an opinion is given.
- Write letter of opinion/supplementary statement: Letter of opinion or supplementary statement on the opinion of
applicant himself can be submitted on the office action, and the examiner shall reexamine on the resolution of cause of
- Decision to grant/refuse patent: As a result of examination, if patent requirements are satisfied or cause of refusal is
resolved, the decision to grant patent is given, and if cause of refusal is not resolved, decision to refuse patent is given.
- Request for reexamination/appeal against decision of refusal: On the refusal decision of examiner, the request for
reexamination can be requested with supplementation within 30 days from delivery of refusal decision, or request for
appeal against decision of refusal to the Intellectual Property Tribunal.
- Payment of registration fee/registration of establishing patent right: Within 3 months from delivery of patent decision,
establishment registration fee and registration fee for 1-3 years are paid altogether, and from the fourth year of
registration, the patent maintenance fee (annual registration fee) must be paid.
Application of Domestic Priority Claims
- A policy that allows advance application on the idea stage of invention followed by modified, materialized or
supplemented invention within 1 year
(Previously applied technology is retroactively applied to the initial application date during examination of patent
- Patent is first-to-file system to prevent breach of right from advance application of third party.
- Supplement time difference from the idea stage of invention to completion
- Utilize modified invention
- ※ For domestic priority claims, as the previously applied basic patent application is cancelled, the basic patent application will not be requested for examination.