FAQs

Review the FAQs below for answers to common questions.

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How Long Does the Patent Application Process Take?

Preparation can take from a few weeks to several months, depending on the complexity of the invention.

Publication: 18 months from the filing date.
Request for examination: within 3 years from the filing date.
Examination: typically 1 to 3 years after the request for examination, depending on the technology and KIPO workload.
Decision to grant: usually within a few months after examination is completed.
Registration: patent rights are established after the registration fee is paid.

For a regular examination, registration commonly takes about 2 to 2.5 years from filing, although timing varies by case.

What is Accelerated Examination?

Accelerated examination allows eligible applications to be examined faster than the regular track.

Patents: a decision may be available in about 6 months on average.
Trademarks and designs: a decision may be available in about 2 to 4 months.
Note: official fees of roughly 160,000 to 200,000 KRW may apply, with reductions available in some cases. Professional fees may also apply.

How Much Does It Cost to File a Patent Application?

Costs vary depending on the length and complexity of the specification. For a patent application with 10 claims, a typical estimate is:

Attorney fees
Application fee: 2,000,000 KRW, subject to case complexity.
Success fee: 2,000,000 KRW, not charged if the application is finally rejected.

KIPO official fees
Filing fee: 46,000 KRW.
Examination request fee: 676,000 KRW.
Registration fee: 399,000 KRW, not charged if the application is finally rejected.

Total KIPO official fees
Standard fees: 1,121,000 KRW.
Reduced fees for individuals and SMEs: 336,300 KRW, based on a 70% reduction.

These amounts are estimates and may change depending on the matter.

What is the Validity Period of a Patent?

A patent is valid for 20 years from the filing date. To maintain the patent, annual fees must be paid.

How Much Does It Cost to File a Trademark Application?

Attorney fees
Application fee: 250,000 KRW, based on up to 10 designated goods.
Office Action response fee: approximately 150,000 to 300,000 KRW, if an office action is issued.
Registration fee: 250,000 KRW, not charged if the application is finally rejected.

KIPO official fees
Filing fee: 52,000 KRW, based on up to 10 designated goods.
Registration fee: 201,000 KRW.

What is the Validity Period of a Trademark?

Trademark rights can be exercised indefinitely if renewed. A renewal application must be submitted within one year before the expiration of the validity period. Each renewal extends the trademark rights for an additional 10 years. There is no limit on the number of renewals, allowing the trademark to remain in force indefinitely.

How Much Does It Cost to File a Design Application?

Attorney fees
Application fee: 400,000 KRW per design.
Office Action response fee: approximately 150,000 to 300,000 KRW, if an office action is issued.
Registration fee: 400,000 KRW, not charged if the application is finally rejected.

KIPO official fees
Filing fee: 94,000 KRW for standard examination of one design, with reductions available for eligible individuals and SMEs.
Registration fee: 75,000 KRW, with reductions available for eligible individuals and SMEs.

These amounts are estimates and may change depending on the matter.

What is the Validity Period of a Design Right?

A design right is valid for 20 years from the filing date of the design application. To maintain the design right, annual fees must be paid.

What is a PCT (Patent Cooperation Treaty)?

The PCT (Patent Cooperation Treaty) is an international patent treaty that allows inventors to seek patent protection in multiple countries simultaneously through a single international patent application. This system provides the convenience of filing one application to pursue patent protection in various countries.

Key Points:
Single Application:
Inventors can file one application and seek patent protection in multiple countries.
Translation and National Phase: Typically, within 30 months from the priority date, translations and national phase entries must be made in individual foreign countries.
No Automatic Grant of Patent Rights: A PCT application does not automatically grant patent rights. Each country will conduct its own examination before granting a patent.
Cost Consideration: In some cases, a PCT application may result in higher costs compared to direct national filings. Therefore, it is advisable to consult with a patent attorney before proceeding.

The PCT system simplifies the process of seeking international patent protection, but it is crucial to plan and consult with a patent attorney to make informed decisions about filing strategies and costs.

What is a Patent Map and Why is it Used?

A patent map is a tool that systematically analyzes and visually represents various patent data. It helps in understanding patent filing trends, key technologies, and competitor activities in a specific technical field at a glance.
‍A patent map systematically analyzes and visually represents various patent data. It helps in understanding patent filing trends, key technologies, and competitor activities in a specific technical field at a glance.

Furthermore, it can be used to prevent disputes and as evidence in intellectual property litigation against competitors.