Overseas Patent Procedure
Need for overseas patent application (Territorial principle): As patent right is effective only in the
country of acquiring the right, apart from registering patent in Korea, the right can be secured by
registering patent in each country.
Overseas Application
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Application in each country (Paris Convention)
- Paris convention is a policy that retroactively applies the application date of the second country to the application date of first country when the priority is claimed based on the application in first country among countries of Paris
Convention and applies to the other country (second country) within 1 year of application in first country.
- Hence, overseas application with priority claim within 1 year of application in Korea is possible.
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PCT International Application
- PCT international application is a method of acquiring application effect in approximately 146 countries on treaty by
submitting a single application form according to Patent Cooperation Treaty (PCT).
- In case of application with priority claim, the PCT international application must be made within 1 year of prior
application date.
- PCT international application procedure: By submitting the international application form written in international
application langauge (Korean, English, Japanese, etc.) to Receiving Office (RO: Korean Intellectual Property Office,
International Bureau, etc.), the international application date is recognized, and enter each country via international
search, international publication and international preliminary examination (selective).
- After PCT international application, the designated country must be selected within approximately 30 months (or
approximately 31 months from prior application date) to carry out application in individual country in the same
process as direct application.
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※ Advantages of PCT international application policy
- Reduction of fee when entering domestic stage: Major patent offices worldwide reduce domestic patent fee according
to certain conditions when foreigner enters domestic stage through PCT international application.
- Enhanced possibility of registration: Possibility of registration in designated country is increased or examination period
is reduced.
- Take advantage in consultation by securing time to search for technology consumer and granting right to choose
individual country to technology consumer.
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Disadvantages of PCT international application policy
- PCT international application does not guarantee effectiveness in all countries on treaty, and application to individual
country is required until the entry deadline in each country.
- Hence, if application in individual country is made in 2 or less countries, it is ideal to use the priority right of Paris
Convention. (Save PCT international application fee.)
