Patents of Invention

– Law on Inventions, in force since May 13, 1998, amended on March 11, 1999, December 21, 2011, December 10, 2014, January 20, 2021, and August 29, 2023.
– Implementing Regulations of March 1999, amended on October 26, 2015, April 26, 2021, and November 20, 2023.
– Detailed Regulations of October 1999 under the Regulations of March 1999 for the Implementation of the Law on Inventions, amended in November 2010, October 2015, July 2016, and June 28, 2021.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since August 17, 1974.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 10, 1980.
– Patent Cooperation Treaty (PCT), since July 8, 1980.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since February 21, 2002.
– Strasbourg Agreement Concerning the International Patent Classification, since November 21, 2002.
– Patent Law Treaty, since August 22, 2018.

Filing

Applicant(s): may be the actual inventor or his/her successor in title.

Foreigners: may enjoy national treatment under the Paris Convention for the Protection of Industrial Property or according to the reciprocity principle.

Type of protection: patents for invention, patents for utility model, certificates of invention or certificates of innovation.

Patentable: any invention, which is new, involves improvement over the prior art; is not obvious to a person skilled in the art; and has a technico-economical effect.

Not patentable: scientific law or theory such as non-technical methods for medical treatment of diseases, or non-technical methods for biological breeding of plants or animals; drawing, mark or design; schedule for mental acts; anything contrary to public order; substance obtained by way of nuclear transformation.

Priority: according to the Paris Convention or to the reciprocity principle.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (a scanned copy is sufficient and no legalization or notarization);
2. English and Korean specifications;
3. Formal drawings;
4. Priority document, if priority is claimed and if the patent application is filed directly without going through a PCT international phase (a scanned copy is sufficient);
5. Scanned copy of Inventor's Declaration, if the patent application is filed directly without going through a PCT international phase;
6. Assignment Deed, if the patent application is filed directly without going through a PCT international phase and the applicant(s) is different from the inventor(s) (a scanned copy is sufficient);
7. In case of entry into the national phase of PCT International application, International Search Report (ISR) with Written Opinion issued by the International Searching Authority (ISA).

For change of name and/or address:
1. Power of attorney (a scanned copy is sufficient and no legalization or notarization);
2. Scanned copy of the Patent Certificate;
3. Notarized Certificate of Change of Name and/or address (a scanned copy is sufficient).

Late filing of formal documents: possible within three months from starting of filing, the term being extendible for further three months.

Electronic filing: not available.

National phase of PCT applications: can be entered into no later than 30 months from priority date, under both Chapters I and II.

Examination and Protection

Examination: performed ex officio by the DPR Korea Invention Office.

Objection: is notified by an official letter and may be replied to within two months from the date of issue of the objection.

Appeal: may be filed against any decision of the DPR Korea Invention Office within three months from the date of issue of the notice of decision.

Conversion of patents into utility model patents or vice versa before the examination process comes to an end or into certificates of invention before the end of examination process is possible.

Publications: are periodically made, of bibliographical data of patent applications and of granted patents, in the Official Gazette of Patent Applications and in the Official Gazette of Granted Patents respectively.

Opposition to a patent application: may be filed by any person at any time before granting a patent from the date of publication of the application in the Official Gazette of Patent Applications.

Issuance of certificate: the patent certificate is issued in paper format.

Duration of protection: twenty years from the filing date.

Annuities: patent maintenance annuities are to be paid each year within three months before the due date, the first time retroactively, within three months from the date of issue of the official notice of allowance.

Grace period for paying patent maintenance annuities: six months from the expiration of the payment of patent maintenance fees, with a fine of 50% of due amount.

Licensing or assignment: is registrable with the DPR Korea Invention Office.

Modification of Protection after Granting

Invalidation: may be filed by any person after publication of the grant in the Official Gazette of Granted Patents.