PATENT
WORLD IPC PATENT FIRM
Foreign Language Applications
Both the Paris Convention route and Patent Cooperation Treaty (PCT) route are available for patent applications in Korea. Note however, that for a PCT application, the translated specification must be submitted within 31 months from the priority date.
Non-prejudicial Disclosure
The types of disclosure allowable as criteria for non-prejudicial disclosure rights are (a) tests, (b) publishing in printed matter, (c) publishing in telecommunication lines such as the Internet, (d) presenting before an academic organization in writing, (e) disclosures against the applicant's intention, and (f) display at exhibitions.
A patent application for an invention disclosed prior to its filing must be filed to the Korea Intellectual Property Office (KIPO) within six months of the initial disclosure date to take advantage of non-prejudicial disclosure rights. The applicant must submit a written statement of intention to seek such rights at the time of filing the patent application, and any material to prove the non-prejudicial disclosure must be submitted in due course.
Request for Examination & Expedited Examination
KIPO examines only those patent applications whose examination has been requested. The Request for Examination can be filed within five years from the filing date by any party. Except in the case of an expedited examination, it generally takes 2 years for a patent application to be examined and receive an official action, after the request for examination has been filed.
An expedited examination can be requested when a patent application meets certain requirements.
Terms
The term of a registered patent right ends 20 years after its filing date. In cases of pharmaceutical and agrochemical patents, where activity tests and/or safety tests are required by statute, the terms may be extended for up to 5 years.