Frequently Asked Questions

Yes, but only if a request for entry is filed within one month before the deadline (i.e. between 30 and 31 months from the earliest priority date). Late submission is allowed at additional cost, but only up to one month from the deadline.

Unfortunately, no. The Korean Intellectual Property Office does not allow for the restoration of the right of priority under PCT Rule 26bis. As a result, the international filing date must be within one year from the earliest priority date, taking into account weekends and holidays as exceptions.

You need to provide a certified copy of the priority document or a scanned copy. If the responsible examiner requests a Korean translation of the priority document, an additional translation fee may be charged.

To update the application record, you may either submit the PCT/IB/306 form for changing the record of the application or provide an assignment document that is duly notarized and translated into English.

Not all patent applications are automatically prosecuted in Korea. To obtain a patent in Korea, you must request an examination of the application. The request for examination can be deferred for up to 3 years from the international filing date, not from the national entry date. If you fail to request the examination within that time, the national phase application will be considered withdrawn.

The deadline for entry is 31 months from the earliest priority date of the PCT application.

The notice of acceptance (not a notice of allowance) is issued after whichever comes earlier between (1) the end of the 31-month period from the earliest priority date and (2) the date of the request for examination.