Accelerated Patent Examination in Korea: Eligibility and Procedure
Korean patent applications may receive preferential examination under the Patent Prosecution Highway or another ground recognized under Article 61 of the Patent Act and the applicable rules. The request must identify an eligible ground and include the prescribed statement and supporting evidence.
The official fee for a preferential examination request is KRW 200,000. Payment of the fee does not establish eligibility.
Patent Prosecution Highway
Under PPH, at least one claim in the earlier-office application must have been found patentable or allowable, and all claims presented in Korea must sufficiently correspond to the allowable claims. The Korean request ordinarily includes copies and translations of the allowable claims and office actions, cited references where required, and a claim-correspondence table.
The participating office, relationship between the applications, and current program terms should be confirmed before filing. MOIP's Korean-language guidance states that the IP5 PPH program was extended for three years from January 6, 2026.
PCT-PPH
A positive written opinion or international preliminary examination report may support a PCT-PPH request when the applicable program and claim requirements are satisfied. The existence of a PCT application alone is insufficient; at least one relevant claim must have received a positive patentability assessment.
Commercial working
An applicant may qualify when it is working or preparing to work the invention in Korea. Supporting material may include product-development, manufacturing, regulatory, sales, investment, or implementation records that correspond to the claimed invention.
A request may also be available when a third party is commercially working the invention after publication. The evidence should identify the activity, connect it to the pending claims, and explain the need for earlier examination.
Other grounds
Other preferential-examination routes include specified prior-art searches, patent applications in designated advanced technologies, emergency-related categories, and arrangements with foreign patent offices. The eligible categories and filing periods may change through notices and program rules.
Filing procedure
- File the Korean application or complete PCT national-phase entry.
- File the substantive examination request if it is not already pending.
- Select the applicable preferential-examination ground.
- Prepare the prescribed request and supporting statement.
- Submit the required foreign work product, claim correspondence, search result, or commercial evidence.
- Pay the KRW 200,000 official fee.
- Respond to any request from MOIP to correct the submission.
For a PPH request, the Korean claims and translation should be reviewed before filing. A deficient correspondence explanation or an unsupported broader claim may delay or prevent acceptance of the request.
Effect of preferential examination
Preferential examination changes the order and timing of examination. It does not bind the Korean examiner to the foreign office's conclusion or alter Korean requirements concerning novelty, inventive step, written support, clarity, added matter, or patent-eligible subject matter.
Super-accelerated examination
MOIP launched a targeted super-accelerated examination track in October 2025 for qualifying Korean export companies in designated advanced-technology sectors. In February 2026, it extended the track to qualifying AI and biotechnology startups.
In a June 25, 2026 report, MOIP stated that the average waiting period for participating startup applications had been reduced from 14.7 months to 0.9 months. The report also cited a secondary-battery patent registered in 19 days and an AI startup patent registered in 17 days.
This track is not a general procedure available to every applicant in an advanced field. Company status, technology, export activity, and supporting evidence must satisfy the current program conditions.
Claim and portfolio preparation
Before requesting accelerated treatment, the applicant should confirm the Korean translation, claim dependencies, foreign claim correspondence, and commercial product mapping. Broader or alternative subject matter may need to be preserved in a divisional application.
The applicant should also be prepared to review an examination report on a shorter instruction cycle. Preferential examination is less useful when the claim strategy or translation remains unsettled.
Official references
- MOIP accelerated examination guidance
- MOIP Patent Prosecution Highway guidance
- MOIP June 2026 super-accelerated examination report
- MOIP patent fee schedule
Related guidance
- Patent Grant Timing in South Korea
- Korean Patent Office Actions: Response Deadlines and Recommended Strategies
- Request for Examination in Korea: Deadline, Fees and Strategy
This article provides general information and does not constitute legal advice. Eligibility and program terms should be confirmed when the request is prepared.
