01. Overview

02. Filing Requirements

03. Flowchart of the Application, Examination, and Registration Process

04. Publication of the Application

05. Request for Substantive Examination

A patent refers to the exclusive rights granted to the inventor of a new product, method, or process and is one of the primary rights under the umbrella of intellectual property. The rights are procured through a 3-step process - application, examination, and registration - and for the duration of time set by law, the owner of the patent can prevent and exclude others from making, using, and selling the invention.

-(1) Full particulars of applicant(s) and inventor(s);
-(2) Specification, claims, abstract, and drawings(if any) in original language;
-(3) Priority data including filing date, application number, country name, if priority is claimed;
-(4) Certified copy of a priority application, if priority is claimed; and
-(5) A simply signed Power of Attorney

View a flowchart of the process in PDF format >>

The application becomes "laid open" or public 18 months after the filing date or earlier upon the applicant's request, at which point, it becomes available to review online and any third-party, duplicate research and development of the invention can legally be stopped. Also, the applicant attains the right to issue a warning and request compensation from anyone commercially using, making, or selling the invention without his/her permission.

A request by the applicant (or a third-party) for examination must be made within 5 years from the filing date of the application for an examination of patentability to take place; without an explicit request for examination by the applicant (or a third-party) within that period, the application is considered withdrawn.

Although it is procedure for examinations to take place in the order of their requests, in the following specific cases, priority is given and examinations take place irrespective of the order of examination requests.

• A third-party works the invention for a commercial or industrial purpose after the laying open of the application; or
• Applications related to the defense industry
• Applications related to the prevention of environmental pollution
• Applications related to inventions that directly promote exports
• Applications related to federal, local governmental duties
• Applications from a verified venture business
• Applications related to public technology and industrial infrastructure development projects
• Applications related to the end products of national quality assurance efforts
• The applicant works or prepares to work the invention for a commercial or industrial purpose

If the examiner cannot find a reason to refuse the application, the examiner's office sends a notice of the patent decision to the applicant, and once the registration fee is paid, the patent becomes active due to the already-established registration. The patent fee (1-3 years' worth) must be paid within 3 months from the day the applicant receives the copy of the patent decision. Patent rights can be enforced via both criminal and civil channels.

For nations belonging to the WTO, including Korea, the patent lasts upon registration of the patent right for 20 years from the filing date of the application.