This website uses cookies. Learn more.
ACCEPT
Home   Blog   Patent Registration in the Republic of Korea: A Quick Guide

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Patent Registration in the Republic of Korea: A Quick Guide

By Taeyoung Lee, LNB Law Firm

 

The Republic of Korea is a thriving and dynamic country with a highly developed economy and strong industrial base. It is also known for its innovative and entrepreneurial culture, which has led to the emergence of many successful startups and small businesses. With a population of over 50 million people, South Korea offers a large and growing market for businesses looking to expand their operations. 

 

Patent registration is an important step for inventors and businesses seeking to protect their intellectual property rights in the Republic of Korea. In this article, we will provide an overview of the patent registration process in Korea, including the eligibility criteria for patent protection, the application process, and the examination and issuance of patents.

Contents

1. What is a patent for an invention?

2. What can and cannot be patented in the Republic of Korea?

3. What documents are required to register a patent in South Korea?

4. Patent registration procedure in the Republic of Korea

5. The cost of a patent registration in the Republic of Korea

6. Final thoughts

1. What is a patent for an invention?

 

A patent for an invention is a legal document granted by a government that gives the inventor exclusive rights to prevent others from making, using, selling, and importing an invention for a limited period of time. 

 

In exchange for this exclusive right, the inventor must publicly disclose the details of the invention in a patent application, which becomes a part of the public record. Patents are intended to encourage innovation by providing inventors with a means to protect and profit from their ideas, while also promoting the dissemination of knowledge and ideas to the public.

Either the inventor of an invention or their assignee can file a patent application for the invention with the Korean Intellectual Property Office (KIPO). The applicant may be either a private or legal entity. The term of a patent commences when the establishment of patent right is registered and ends 20 years after the filing date of the patent application. 

2. What can and cannot be patented in the Republic of Korea?

 

To obtain patent rights in South Korea, the invention must meet the following criteria:

  • The invention must have industrial applicability, meaning that it can be used in an industrial setting.
  • The invention must be novel, which means that it is not known to the public (i.e., prior art) before the application is filed.
  • The invention must involve an inventive step, meaning that it is not easily deducible from prior art, despite any differences between the two.

Certain inventions are deemed unpatentable in South Korea, such as:

  • Inventions that are likely to contravene public order or morality. Public order refers to the general interest of society or the country, while morality encompasses the moral sense generally accepted by society or a particular group of people.
  • Inventions that could potentially harm public hygiene.

3. What documents are required to register a patent in South Korea?

 

You will need the following documents to file an application for a patent in South Korea:

  • an application stating the name and address of the inventor and applicant, the title of the invention, and priority data (if the right of priority is claimed);
  • a specification including the title of the invention, a brief description of drawings (if any), a detailed description of the invention and claim(s);
  • drawing(s), if any;
  • an abstract;
  • a certified copy of the priority application along with its Korean translation is necessary when claiming the right of priority. This priority document may be submitted within 16 months from the priority date.
  • a power of attorney, if necessary.

The official language of a patent registration is Korean. The application may be filed in English; however, its translation into Korean should be submitted within 14 months from the earliest priority date.

 

In order to enjoy the priority right, you must file an application in the Republic of Korea within 1 year from the filing date of the priority application. The time limit for the PCT national phase entry in Korea is 31 months from the date of priority. These terms cannot be extended.

4. Patent registration procedure in the Republic of Korea

 

The process of patent registration in South Korea involves several steps, including search, application, examination, opposition, and granting. 

 

Before filing a patent application in South Korea, it is important to conduct a thorough prior art search to ensure that the invention meets the criteria for novelty and inventive step. This can be done by conducting a search of relevant databases or hiring a professional patent attorney.

 

Once the prior art search is completed, the next step is to file a patent application with the Korean Intellectual Property Office (KIPO). The application must include a detailed description of the invention, claims, and any necessary drawings.

 

After the application is filed, KIPO will conduct an examination to determine whether the invention meets the requirements for patentability. This may include a review of prior art, a search for similar inventions, and an evaluation of the inventive step of the invention.

 

If the application is approved by KIPO, it will be published in the Official Gazette. A patent application will be taken up for examination only if the applicant or an interested party makes a request for examination within 3 years from the filing date. 

 

During the two-month period following publication, anyone may file an opposition against the application. The opposition must be based on the grounds of lack of novelty or inventive step, or on the basis that the invention is unpatentable. If an opposition is filed, KIPO will notify the patent holder and give them an opportunity to submit a response. If a response is filed, KIPO may conduct further examination or request additional information or evidence from both parties. Also read our  guide about patent registration process to secure your IP rights.

 

If there is no opposition or if the opposition is unsuccessful, KIPO will grant the patent. When a patent applicant receives a notice of decision to grant a patent, he or she should pay the first 3 years’ annuities within 3 months as a registration fee. Once the patent is granted, the owner has exclusive rights to make, use, sell, and import the invention in the Republic of Korea for a period of 20 years from the date of filing the application. 

The patent registration process in South Korea typically takes around 2-3 years to complete, and it can be quite complex and time-consuming. Therefore, it is highly recommended to seek the guidance of a qualified patent attorney to ensure that the process goes smoothly and the resulting patent is enforceable.

5. The cost of a patent registration in the Republic of Korea

 

Application Basic fee
Standard (electronic)46,000 KRW
Extending the term300,000 KRW
Examination 
Application for a priority claim18,000 KRW
  • Additional fee for each claim
18,000 KRW
Request for substantive examination143,000 KRW
  • Additional fee for each claim
44,000 KRW
Annual Fees
1 to 3 years (Grant fee is included)15,000 KRW
  • Additional fee for each claim
13,000 KRW
4 to 6 years40,000 KRW
  • Additional fee for each claim
22,000 KRW
7 to 9 years 100,000 KRW
  • Additional fee for each claim
38,000 KRW
10 to 12 years240,000 KRW
  • Additional fee for each claim
55,000 KRW
13 to 15 years360,000 KRW
  • Additional fee for each claim
55,000 KRW
16 to 25 years360,000 KRW
  • Additional fee for each claim
55,000 KRW

The patent registration cost in the Republic of Korea via the iPNOTE platform starts from as low as $830, which includes all government fees as well as document preparation. Find the best patent agent in the Republic of Korea on iPNOTE.

6. Final thoughts

 

Obtaining a patent for an invention in South Korea can be a complex process, but it is necessary to protect your inventions and business interests. By working with experienced patent attorneys and staying up-to-date on the latest laws and regulations, you can increase your chances of getting a patent and protecting your intellectual property in South Korea.

 

***

 

Any questions about IP matters in South Korea? Contact LNB Law Firm via iPNOTE now.

 

The iPNOTE platform features more than 700 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system.

 

Look at our directory of patent attorneys in the Republic of Korea.  

 

Sign up for free, and we’ll help you solve any IP-related problem. 

Ensure the authenticity of your brand with trade mark registration. Plus, conduct a thorough patent search to safeguard your innovations. Trust our expertise for comprehensive intellectual property protection.

Other posts

Declaration of Use for Your Trademark in Mexico: Step-by-Step Guide
The Importance of Design Protection in France for Businesses
Navigating the Design Registration Process in Mexico: Tips for Success
Design Registration in the Philippines: Exploring Costs and Benefits
Understanding Patent Registration in Latvia: A Step-by-Step Approach
Navigating IP Challenges in the Telecommunication Sector in India
Patent Acceleration Programs in Israel: The Ultimate Guide
What You Need to Know About Copyright Law in Mexico
Trademark Laws in Spain: How to Secure Your Brand’s Legal Protection
Understanding the Trademark Registration Process in Mongolia: What You Need to Know
Filing a PCT National Phase Application in India: Key Deadlines and Strategic Tips
Understanding the Basics of Intellectual Property in Mexico: A Guide for Businesses
How to Register a Design in Poland: A Complete Guide to Protecting Your Unique Creations
Everything You Need to Know About Registering a Patent in Greece
The Pillars of Protection – Navigating the Pharmaceutical Patent Process in Brazil
Understanding Trademark Registration in France: Costs, Requirements, and Benefits
How to Register a Patent in Israel: A Step-by-Step Guide for Innovators and Entrepreneurs
Top Reasons to File Your Design in Estonia: Benefits and Costs Explained
The Intricacies of IT Patent Registration in China: Legal Framework
Patent Registration in Indonesia: Step-by-Step Process for Global Innovators
Trademark Registration in Switzerland: Everything You Need to Know
Patent Registration in Spain: Protecting Your Intellectual Property
Design Registration in Israel: A Comprehensive Guide
Trademark Opposition in Mexico: Effective Strategies
Design Registration in South Korea: A Detailed Overview
Trademark Registration in the Philippines: Legal Requirements
Benefits of Design Registration in Singapore for Competitive Market Edge
Utility Model Registration in India: Opportunities and Challenges
How to Register a Trademark in Israel: Requirements and Costs Explained
Why Design Registration in Bulgaria is Essential for Creators and Businesses
Comprehensive Guide to Trademark Registration in Cyprus: Protect Your Brand with Confidence
Design Registration in Lithuania: Your Gateway to European Markets
Navigating Brazil’s Updated Transfer Pricing Rules for Royalties
Patent Registration in Mexico: Key Aspects and Benefits
A Deep Dive into the Pros and Cons of AI Search Tools vs. Manual Methods in IP
Trademark Registration in Latvia: Key Steps and Requirements
Securing Your Design: A Guide to Registration in Italy
Entertainment Law Essentials: Protecting Creativity and Ensuring Fair Practices
Design Registration in the UK: The Legal Landscape, Insights and Tips
Trademark Registration in Singapore: Understanding the Costs and Fees
Design Registration in Greece Explained: From Concept to Protection
Understanding the Difference Between TEAS+ and Regular Trademark Applications in the US
The Journey of Patent Registration in China: Capitalizing on Creativity
The Ins and Outs of Patent Registration in Lithuania: What You Need to Know
Patent Annuities in India: Maximizing the Patent Value
Patent Registration in Italy Demystified: Master the Process
The Ultimate Guide to Amazon Brand Registry and Advanced Tools for Brands
Unlocking Trademark Registration in Greece: Essential Steps & Insights
Trademark Registration in Lithuania: Your Gateway to Legal Protection
Qatar Trademark Registration Essentials: A Must-Read for Businesses
Taiwan Trademark Application Made Simple: A Step-by-Step Guide
Knockout Trademark Search Tool: Boost Your Strategy With iPNOTE
Bulgarian Trademark Tactics: Empowering Businesses through Registration
AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Track, Manage, Succeed: Navigating IP Rights with iPNOTE
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Trademark Registration in Thailand: Essential Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Utility Model registration in China: A Quick Guide
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?
Conduct a global patent search in 1 min!
START FREE AI SEARCH
Filter
  • Argentina
    Argentina
  • Australia
    Australia
  • Brazil
    Brazil
  • Bulgaria
    Bulgaria
  • Canada
    Canada
  • China
    China
  • Egypt
    Egypt
  • Estonia
    Estonia
  • France
    France
  • Germany
    Germany
  • Greece
    Greece
  • Hong Kong
    Hong Kong
  • India
    India
  • Indonesia
    Indonesia
  • Israel
    Israel
  • Italy
    Italy
  • Japan
    Japan
  • Latvia
    Latvia
  • Lithuania
    Lithuania
  • Malaysia
    Malaysia
  • Mexico
    Mexico
  • Mongolia
    Mongolia
  • Peru
    Peru
  • Poland
    Poland
  • Saudi Arabia
    Saudi Arabia
  • Singapore
    Singapore
  • Spain
    Spain
  • Switzerland
    Switzerland
  • Thailand
    Thailand
  • Turkey
    Turkey
  • UAE
    UAE
  • USA
    USA
  • Vietnam
    Vietnam
  • Case studies
  • Design
  • Help
  • Patents
  • Product
  • Trademarks