FAQ

can be filed directly without an agent. However, when submitting its translation to the designated states, you must proceed in accordance with the national law of the relevant country. Most countries require that, where the applicant has no address or place of business in that country, a patent attorney of that country be appointed as an agent (patent attorney) to carry out the procedures.

There are two ways to obtain a patent overseas: filing directly abroad, and using the PCT international application system.

≫Direct filing in each individual country

– When filing directly abroad, you must file in the foreign country within 1 year from the earlier filing date.
The date of the first application is called the priority date, and if you file within 1 year from this priority date, the claim of priority can be recognized.

≫PCT international application

– A PCT (Patent Cooperation Treaty) international application refers to a system in which, in order to more easily obtain patents among the countries that have acceded to the Patent Cooperation Treaty, when an applicant files a PCT international application with their own national patent office while designating the countries in which they wish to file, that very date is recognized as the date on which the application was filed in each designated country.

is determined by the Receiving Office.
The languages of international application accepted by KIPO are: for the international application, English or Japanese; and for the specification, Korean, English, or Japanese.

It is the office that receives the PCT international application, while a Designated Office is the patent office of a country that the applicant has designated to obtain a patent in. An Elected Office is the patent office of a country selected from among the Designated Offices in order to make use of the preliminary examination results in particular; the Elected Offices may be selected as all or only some of the Designated Offices, and countries not subject to Chapter II of the PCT are excluded.

It is a search of the prior art related to the filed invention, and the result is prepared as an International Search Report and sent to the applicant and the International Bureau. This International Search Report has no binding effect on the applicant or the Designated Offices, but before commencing the full-scale filing procedures for each designated country, it informs the applicant in advance of the existence of relevant prior art related to their application, so that it can be used as reference material for deciding whether to continue with the procedures. In addition to the prior art search, the International Searching Authority makes a determination on patentability such as novelty, inventive step, and industrial applicability, prepares this as a written opinion, and provides the applicant with material for judging the subsequent course of the procedures.

▣ The PCT international application fees are as follows. (As of January 1, 2011)

≫International filing fee

-Basic fee: 1,535,000 KRW for up to 30 sheets of application documents; 17,000 KRW per sheet exceeding 30 sheets

≫Fee reduction (reduction amount of the international filing fee for filing in electronic form)

-When filing in PCT-EASY form: 115,000 KRW

-When filing in electronic form: 346,000 KRW

≫Search fee

-Korea: 450,000 KRW

-Japan: 1,306,000 KRW

-Austria: 2,613,000 KRW

-Australia: 2,603,000 KRW

≫ Handling fee: 231,000 KRW

※ Fees related to international applications may be adjusted from time to time due to factors such as exchange rates, so please check the latest fee status when filing an application or requesting a preliminary examination.
(Refer to the KIPO website)