Korea

 

When is the National Phase Deadline for a patent in Korea?

The Korean Patent Office (KIPO) has a national phase deadline that is extended to 31 months.

Is there an extension for the translation when filing a patent Korea?

In Korea, the translations deadline is 31 months after the priority date, however, you may file for an extension to 32 months.

Do you need to file a Power of Attorney for a patent in Korea?

The KIPO requires for the CEO, or president to execute the POA (they are strict on authorization matter). Also, most preferably, we require the POA in advance in order to apply for the KIPO’s applicant code. 

When to file an amendment for a patent in Korea?

In Korea, you may submit your amendments at the time of filing only when an application has been amended during the international phase. However, if the application was not amended in the international phase, you must file the original specification/claims first, and then, submit a voluntary amendment thereafter.

When is the deadline to file a request for examination for a patent in Korea?

The deadline to file the request for examination in Korea is three years from the international filing date.

When to file a divisional patent in Korea?

When a ‘Notice of Preliminary Rejection’ or a ‘Notice of Final Rejection’ is issued, the divisional application can be filed during the period for submitting a response for the notice of the ground for rejection.

Regarding the claim scope of the divisional application, there is no limitation in the range of claim scope as long as they are supported by the original specification. In addition, the divisional application generally can be filed before a certified copy of a decision to grant a patent is served. When a certified copy of a decision to grant a patent is served, it is possible to file a divisional application within a period of not more than three months from the date when the certified copy of a decision to grant a patent is served.

With regard to the ‘unity of invention,’ Article 45 of the Korean Patent Law stipulates that a patent application shall relate to one invention only; however, a group of inventions so linked as to form a single inventive concept may be the subject of a patent application. In practice, it is required that technical constitution(s) that are identically described in all claims should not be disclosed in prior arts and should be advanced at large than prior arts.

The most efficient strategy is to collect only the claims that satisfy the unity of invention from individual applications and use them in the first application. Afterward, the divisional application(s) with other claims that satisfy the unity of invention can be filed. In addition, filing another divisional application(s) based on the divisional application is also possible.

For a divisional application through the PPH process, it is desirable to select one registered claim set. Also, when a certified copy of a decision to grant a patent is served, it is possible to file a divisional application within a period of not more than three months from the date when the certified copy of a decision to grant a patent is served.

When to pay grant and annuity fees for a patent in Korea?

The grant fee should be paid within three months of receiving the Notice of Allowance in Korea. An inventor has to pay annuities from 4th year after a patent is registered.