Korean Intellectual Property Office: AS Designated (Or Elected) Office
Korean Intellectual Property Office: AS Designated (Or Elected) Office
Korean Intellectual Property Office: AS Designated (Or Elected) Office
CONTENTS
ANNEXES
List of abbreviations:
ER: Enforcement Regulations under the Patent Law of the Republic of Korea
Required contents of the translation for Under PCT Article 22: Request,2 description, claims (if amended,
entry into the national phase:1 as originally filed or as amended, together with any statement under
PCT Article 19, at applicant’s option), any text matter of drawings,
abstract
Under PCT Article 39(1): Request,2 description, claims, any text
matter of drawings, abstract (if any of those parts has been amended,
both as originally filed and as amended by the annexes to the
international preliminary examination report)
______________
1
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
2
The request does not need to be translated when Form No. 57 is used for entering the national phase (see Annex KR.II).
3
Since 20 May 2019, where applicants wish to enter the national phase early, i.e. before the international publication has taken
place, the Korean Intellectual Property Office in its capacity as designated/elected Office, will retrieve a copy of the international
application, and other documents associated therewith, directly from the International Bureau.
4
This fee applies to the total number of sheets of the description, drawings (if any) and abstract.
Special requirements of the Office Name and address of the inventor if they have not been furnished in
(PCT Rule 51bis): the “Request” part of the international application7, 8
Appointment of an agent if the applicant is not resident in the
Republic of Korea9
Furnishing, where applicable, of a nucleotide and/or amino acid
sequence listing in electronic form
Who can act as agent? Any registered patent attorney or legal representative
Does the Office accept requests for
restoration of the right of priority
(PCT Rule 49ter.2)? No
______________
5
See footnote 1.
6
See footnote 4.
7
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to
comply with the requirement within a time limit which shall not be less than two months from the date of the invitation.
8
This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
9
Must be appointed within two months from the expiration of the time limit applicable under PCT Article 22 or 39(1).
PL Sec. 203 KR.01 FORMS FOR ENTERING THE NATIONAL PHASE. The Office has available a
transmittal form for entering the national phase (Form No. 57, see Annex KR.II) and strongly
recommends the use of this Form. When this Form is used, the Request does not need to be
translated under PCT Rule 49.1(a)(i). If amendments have been made during the international
phase under PCT Article 19, or during the international preliminary examination under PCT
Article 34, Form No. 13 (see Annex KR.VI) should preferably be used for the furnishing of a
translation of such amendments into Korean. Forms Nos. 57 and 13 are also available on
KIPO’s web site at: www.kipo.go.kr.
PL Sec. 201(3) KR.02 TRANSLATION (CORRECTION). A revised translation of the international
application can be furnished before the expiration of the time limit applicable under PCT
Article 22 or 39(1) unless a request for examination (see paragraph KR.06) has already been
filed. Errors in the translation may also be corrected when amendments to the application are
permitted (see paragraph KR.10).
PL Sec. 79(1) KR.03 FEES (MANNER OF PAYMENT). The manner of payment of the fees indicated in
82(1)
the Summary and in this Chapter is outlined in Annex KR.I.
PL Sec. 5(1) KR.04 POWER OF ATTORNEY. An agent must be appointed by filing a power of
attorney. Where the power of attorney is in a language other than Korean, a Korean translation
is required. A model is given in Annex KR.IV (English translation).
ER Sec. 113 KR.05 PRIORITY DOCUMENT. The Commissioner of the Korean Intellectual Property
Office or the President of the Intellectual Property Tribunal may, if necessary for the
examination or trial, invite the applicant to submit the Korean translation of the priority
document within a designated period. In case of identity between the text of the priority
document and the international application, a statement to that effect may be furnished instead
of a translation.
PL Sec. 60 KR.06 REQUEST FOR EXAMINATION. A patent will be granted only after examination
210
as to patentability which may be requested by the applicant or by a third party. The request for
examination must be made in writing and in Korean, on Form No. 22 which is given in
Annex KR.III.
PL Sec. 59(2) KR.07 TIME LIMIT FOR REQUESTING EXAMINATION. Examination must be
requested within three years from the international filing date (see, however, for utility models,
paragraph KR.13). Such request can only be made once all requirements for entry into the
national phase (see the Summary) have been complied with. The request for examination is
considered by the Office as a request for early start of the national phase if it is made before the
expiration of the time limit applicable under PCT Article 22 or 39(1) (see paragraph 3.004 of the
National Phase).
PL Sec. 82 KR.08 FEE FOR REQUESTING EXAMINATION. The request for examination is only
effective if the fee for requesting examination has been paid. The amount of the fee is indicated
in Annex KR.I.
PL Sec. 79(1) KR.09 ANNUAL FEES. After examination, prior to the grant of a patent, annual fees must
be paid for the first to the third year. These fees must be paid all at one and the same time
within three months after receipt of the decision to grant a patent. The annual fees for the fourth
and subsequent years must be paid before the anniversary of the date of the first payment.
Payment can still be made, together with a 18% surcharge for late payment, before the
expiration of six months from the anniversary of the date of the first payment. The amounts of
the annual fees are indicated in Annex KR.I. Payment must be effected by filing Form No. 25.
This form may be obtained from the Office.
PCT Art. 28 KR.10 AMENDMENT OF THE APPLICATION; TIME LIMITS. The applicant may
41
PL Sec. 47(1) amend the specification or drawings attached to the application before the examiner issues a
208 certified copy of a decision to grant a patent. However, in cases that fall under any of the
following subparagraphs, the applicant may amend the application within the following time
limit:
(i) where the applicant receives a notice of the grounds for rejection (excluding a
notice of grounds for rejection with regard to a ground for rejection which has arisen according
to the amendment following the notice of grounds for rejection) for the first time or receives a
notice of the grounds for rejection that does not apply under paragraph (ii): the applicable time
limit is the period for submission of arguments against a notice of the grounds for rejection
thereof;
(ii) where the applicant receives a notice of the grounds for rejection (and where the
examiner issues a notice of revocation of decision to grant patent for ex officio reexamination,
excluding a notice of grounds for rejection which has been issued before the examiner issues
that notice) which has arisen as a result of an amendment following a notice of the grounds for
rejection: the applicable time limit is the period for submission of arguments against a notice of
the grounds for rejection thereof; or
(iii) where an applicant requests a reexamination in accordance with Article 67bis
against a decision of rejection of a patent: at the time of filing of the request.
Notwithstanding the first paragraph, no amendment to an international patent application
(except an amendment under PCT Articles 19(1) and 34(2)(b)) may be made until the fees have
been paid, a translation of the application (except in the case of an international patent
application made in the Korean language) has been submitted, and the relevant date (either
31 months from the priority date or after the filing date of a request for examination, whichever
is earlier), has passed.
PCT Art. 25 KR.11 REVIEW UNDER ARTICLE 25 OF THE PCT. The applicable procedure is
PCT Rule 51
PL Sec. 214 outlined in paragraphs 6.018 to 6.021 of the National Phase. The request for review to the
UML Sec. 40 Office should be filed with Form No. 58, which is given in Annex KR.V.
If, upon review under PCT Article 25, the Office denies an error or omission on the part of the
receiving Office or the International Bureau, an administrative appeal against this denial may be
lodged within 60 days from the receipt of the denial with the Office.
PCT Art. 24(2) KR.12 EXCUSE OF DELAYS IN MEETING TIME LIMITS. The Office does not
48(2)
excuse the failure to comply with any time limits during the national phase.
UML Sec. 17 KR.13 UTILITY MODEL. The requirements for the national phase are basically the same
as for patents, except that the fees for utility models must be paid (see Annex KR.I, page 2).
Examination must be requested within three years from the international filing date.
PCT Art. 7(2)(ii) KR.14 Where, in the case referred to in paragraph KR.13, the international application does
UML Sec. 36
not contain drawings, the applicant must furnish the drawing(s) within the time limit applicable
under PCT Article 22 or 39(1). Where the applicant does not furnish the drawing(s) within that
time limit, the Office will invite him to furnish the drawing(s) within a time limit fixed in the
invitation.
UML Sec. 10 KR.15 CONVERSION APPLICATION. An international application for a patent may be
37
converted into an application for a utility model after the applicant has complied with the
requirements for entry into the national phase for a patent application as indicated in the
Summary. The conversion is subject to the payment of a fee for conversion indicated in
Annex KR.I and may be requested at any time within 30 days from the date of (first) receipt of a
certified copy of the decision of refusal.
PL Sec. 53 KR.16 An international application for a utility model may be converted into an application
209
for a patent after the applicant has complied with the requirements for entry into the national
phase for a utility model application as indicated in the Summary. The conversion is subject to
the payment of a fee for conversion indicated in Annex KR.I and may be requested at any time
within 30 days from the date of receipt of a certified copy of the decision of refusal.
FEES
(Currency: Won)
Patents
National fee:
— when a translation of the application has been furnished in electronic form . . . 46,000
— when a translation of the application has been furnished on paper . . . . . . . . . 66,000 plus
1,000 per sheet in excess of 201
Fee for claiming priority:
— when a request for claiming priority is made in electronic form . . . . . . . . . . . 18,000 for each priority claim
— when a request for claiming priority is made on paper . . . . . . . . . . . . . . . . . . 20,000 for each priority claim
Fee for request for examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143,000 plus
44,000 for each patent claim
Fee for conversion of a patent application into a utility model
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Same as national fee for utility models
Annual fees:
— for the 1st to the 3rd year (must all be paid at one and the same time), per year 15,000plus
13,000 for each claim
— for the 4th to the 6th year,2 per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40,000 plus
22,000 for each claim
— for the 7th to the 9th year,2 per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,000 plus
38,000 for each claim
— for the 10th to the 12th year,2 per year . . . . . . . . . . . . . . . . . . . . . . . . . . . 240,000 plus
55,000 for each claim
— for the 13th to the 25th year,2 per year . . . . . . . . . . . . . . . . . . . . . . . . . . . 360,000 plus
55,000 for each claim
Utility Models
National fee:
— when a translation of the application has been furnished in electronic form . . 20,000
— when a translation of the application has been furnished on paper . . . . . . . . . 30,000 plus
1,000 per sheet in excess of 201
Fee for claiming priority:
— when a request for claiming priority is made in electronic form . . . . . . . . . . . 18,000 for each claim
— when a request for claiming priority is made on paper . . . . . . . . . . . . . . . . . . 20,000 for each claim
Fee for request for examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71,000 plus
19,000 for each claim
Fee for conversion of a utility model application into a patent application . . . . . . . . Same as national fee for patents
Annual fees:
— for the 1st to the 3rd year (must all be paid at one and the same time), per year 12,000 plus
4,000 for each claim
— for the 4th to the 6th year,2 per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25,000 plus
9,000 for each claim
th th 2
— for the 7 to the 9 year, per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60,000 plus
14,000 for each claim
— for the 10th to the 12th year,2 per year . . . . . . . . . . . . . . . . . . . . . . . . . . . 160,000 plus
20,000 for each claim
— for the 13th to the 15th year,2 per year . . . . . . . . . . . . . . . . . . . . . . . . . . . 240,000 plus
20,000 for each claim
1
This fee applies to the total number of sheets of the description, drawings (if any) and abstract.
2
These fees may all be paid at the same time or in installments.
(30 November 2017)
KR
Annex KR.I, page 2 PCT Applicant’s Guide – National Phase – National Chapter – KR
All payments must be made via the Office’s payment system and must indicate the receipt number issued by
the Office to the applicant.
으로 제출 가능합니다.
특허법 제203조에 따른 서면
(앞쪽)
위와 같이 특허청장에게 제출합니다.
출원인(대리인) (서명 또는 인)
210㎜×297㎜[백상지 80g/㎡]
심사청구(우선심사신청)서
온라인으로 제출 가능합니다.
(앞쪽)
【구 분】□ 심사청구 □ 우선심사신청
【제출인】
【성명(명칭)】
【특허고객번호】
【사건과의 관계】□ 출원인 □ 국제출원인 □ 제3자
【대리인】
【성명(명칭)】
【대리인번호】
(【포괄위임등록번호】)
【사건의 표시】
【출원번호(국제등록번호)】
(【디자인의 일련번호】)
【발명(고안)의 명칭[디자인의 대상이 되는 물품, 상품(서비스업)류]】
(【기타사항】 □ 심사유예신청 □ 선행기술(디자인)조사의뢰된 출원
(【유예희망시점】심사청구일 후 24개월이 지난 때부터 ( )개월)
(【심사청구료 납부유예】 □필요 □불필요)
(【선행기술조사의뢰정보】)
(【의뢰기관】)
(【의뢰일자】)
(【국제특허분류】)
위와 같이 특허청장에게 제출합니다.
제출인(대리인) (서명 또는 인)
210㎜×297㎜[백상지 80g/㎡]
위임장
(앞쪽)
【수임자】
【성명(명칭)】
【대리인번호】
【사건의 표시】
【출원번호[특허(등록)번호, 기술평가청구번호*, 국제등록번호*, 특허청참조번호*, 이의
신청번호*, 상품분류전환등록신청번호, 취소신청번호, 심판번호]】
【위임자】
【성명(명칭)】
【특허고객번호】
【사건과의 관계】
【위임사항】
【위임일자】
위임자 서명 또는 날인
210㎜×297㎜[백상지 80g/㎡]
출원인(대리인) (서명 또는 인)
210㎜×297㎜[백상지 80g/㎡]
으로 제출 가능합니다.
서류제출서
(앞쪽)
□ 공지예외적용대상(신규성, 출원 시의 특례)증명서류
□ 공지예외적용 보완 증명서류
□ 국제특허출원에 관한 서류의 사본
외국어특허출원의 국어번역문
의 국어번역문
【출원인】
【성명(명칭)】
【특허고객번호】
【대리인】
【성명(명칭)】
【대리인번호】
(【포괄위임등록번호】)
【출원번호(국제출원번호, 국제등록번호, 이의신청번호, 취소신청번호, 심판번호)】
(【디자인의 일련번호】)
(【제출원인이 된 서류의 발송번호】)
【제출하는 서류의 내용】
위와 같이 특허청장(특허심판원장)에게 제출합니다.
출원인(대리인) (서명 또는 인)
으로 제출 가능합니다.
서류제출서
(앞쪽)
□ 공지예외적용대상(신규성, 출원 시의 특례)증명서류
□ 공지예외적용 보완 증명서류
□ 국제특허출원에 관한 서류의 사본
외국어특허출원의 국어번역문
의 국어번역문
【출원인】
【성명(명칭)】
【특허고객번호】
【대리인】
【성명(명칭)】
【대리인번호】
(【포괄위임등록번호】)
【출원번호(국제출원번호, 국제등록번호, 이의신청번호, 취소신청번호, 심판번호)】
(【디자인의 일련번호】)
(【제출원인이 된 서류의 발송번호】)
【제출하는 서류의 내용】
위와 같이 특허청장(특허심판원장)에게 제출합니다.
출원인(대리인) (서명 또는 인)