Frequently Asked Questions

What are the requirements for filing patent applications in Korea?

A. Regular National Application

  1. The names, addresses, and nationalities of both the applicant and the inventor(s).
  2. The filing date and application number of the basic foreign application, if any, and the name of the country in which such an application was filed.
  3. A Power of Attorney simply signed by the applicant; or a General Power of Attorney for all applications in future.
  4. Two copies of specification with claims and abstract of the invention on which a Korean application should be based (English, Japanese, German or French text).
  5. A set of drawings, if any.
  6. Convention priority document, if any.

B. National Phase of a PCT Application

  1. A copy of International Publication of the PCT application which includes specification, claims, drawings, if any, and the abstract.
  2. A copy of the amendment(s) with the accompanying statement(s) under Article 19 (1) of the PCT, if any.
  3. A copy of the international search report (PCT/ISA/210) and cited references, if any.
  4. A copy of response to written opinion from the International Preliminary Examining Authority with replacement sheets and/or added claims under Article 34 (2) (6) of the PCT, if any.
  5. A copy of the International Preliminary Examination Report from IPEA (PCT/IPEA/409), if any.
  6. A copy of notification of the recording of a change under Rule 92Bis (PCT/IB/306), if any.
  7. A POA simply signed by the applicant.
  8. A copy of the demand (PCT/IPEA/401), if any.
  9. A copy of the cover page of the international application publication

How long does it take for a patent application to be granted?

It usually takes about one and a half years. However, one can file a request for Preferential Examination to shorten the period.

When can we file the request for Preferential Examination?

  • in case it is considered that an invention has been commercially worked by a person who is not the applicant, after his application has been laid-open; and
  • in case the application is one of the kinds of applications stipulated in the Presidential decree and regarded as urgent; and
    1. it relates to goods for defense industry and processes for the preparation thereof, as defined in the Special Measures Act Relating to Defense Industry.
    2. it relates to facilities for the prevention of environmental pollution or a process thereof
    3. it is directly involved in the promotion of export as evidenced by export records, a letter of credit, a request for validating patent rights from the buyer of expected goods, or documents related to the adoption of international standards.
    4. it is made officially by an employee of the central government, a local government(including application filed by exclusive organizations for technology transfer and commercialization, which were established in national and public school)
    5. patent applications that the KIPO Commissioner and the heads of patent offices in other countries agreed to examine on a priority basis
    6. applications about which anyone requests one of the KIPO-approved agencies(namely the Korea Institute of Patent Information/WIPS Co., Ltd./the Korea IP Protection Technology Institute Co., Ltd./and the IP Solution Co., Ltd.) to conduct the prior art search and asks the agency to forward the search results to the KIPO commissioner.
    7. and so on and so forth.

A person who desires an accelerated examination of his application must submit a written request together with an statement explaining the necessity thereof in detail and any evidence supporting the statement.

How long is the duration of patent right?

The duration of the patent right shall be twenty (20) years from the filing date in Korea or the international filing date.

What are the necessary documents for Assignment?

  1. Deed of Assignment
  2. Corporate Nationality Certificate from the assignor (to be notarized)
  3. Power of Attorney from the assignee

If an unauthorized third party is infringing my patents, how can I stop the infringement?

If your patent right is infringed, you can take a range of measures, including civil or criminal legal action.
For example, you can request a person who is infringing or who is likely to infringe your patent right to discontinue or refrain from the infringement. You can also take your case to a local court in Korea to claim damages, as well as recovery of business credit and restitution of unjust profit. The civil remedies are covered by civil law and the Civil Proceedings Act.
You should generally appoint a legal representative to initiate the proper actions. In the case of patent and design infringement or counterfeiting, for example, you should file a suit before the authorities initiate any legal action such as an investigation by the prosecutor.

I am planning to visit your office. How could I get there?

Our office is 10 minutes away from the Seoul office of Korean Intellectual Property Office (KIPO) by car or subway. If you have any questions, please call our office (02-3474-3344).

1. By taxi

Destination: Seocho Station or Supreme Court
Go straight ahead 70m from the Seocho station (or Supreme Court) to the direction of Seoul Arts Center. You could see the first traffic light. Get off from the taxi and cross the street. Right there, you can find building where LG service center is located on the 1st floor. Our office is on the 6th floor in that building. If you have difficulty finding our office, please ask the driver to call our office.

2. By subway

Take connection to Line No. 2 (green line) and get off at Seocho Station.
Proceed to Exit No. 2 and take a 3-minute walk from the Exit. You could see Changsang building in your left side where the LG Service center is located at the 1st floor. Our office is on the 6th floor of that building.