A Korean patent filing requires bibliographic data, a specification, claims, an abstract, drawings where necessary, and the applicable priority, translation, and representation documents. The documents differ between a direct or Paris Convention application and a PCT national phase application.
Direct and Paris Convention applications
MOIP identifies the following documents for a patent application:
- an application stating the applicant's name and address, filing information, invention title, and priority information where applicable;
- a specification containing the invention title, brief description of drawings, detailed description, and claims;
- drawings where necessary;
- an abstract;
- the priority document where priority is claimed; and
- a power of attorney where representation requires it.
For a corporate applicant, Korean counsel also requires the exact legal name, entity type, jurisdiction of formation, address, and authorized signatory information. Each inventor's full legal name, nationality, and address should be provided in a consistent format. A change in applicant identity between the priority application and the Korean application should be explained with the available chain-of-title documents.
Technical source files
The specification, claims, abstract, and text appearing in the drawings should be provided in editable form. A PDF can be retained as a visual reference, but it should not be the only source file when editable text exists. Original drawing files help counsel identify line-quality, grayscale, reference-sign, and text-placement issues.
Biotechnology and chemistry matters may require a compliant sequence listing, biological-deposit information, chemical formulae, tables, and controlled nomenclature. Software and semiconductor matters benefit from architecture labels, acronym definitions, signal or process relationships, and terminology used consistently across the patent family.
Instructions should identify commercially material claims and embodiments. This information does not change the disclosure as filed, but it allows counsel to review whether the Korean terminology and claim relationships preserve the intended subject matter.
Paris Convention priority
A Paris Convention filing requires the priority country, application number, filing date, and applicant information. The Korean application must generally be filed within 12 months after the first priority application.
The priority document may generally be submitted within 16 months after the priority date. When the priority office and MOIP participate in WIPO's Digital Access Service, counsel may retrieve the document using the DAS access code. The applicant should provide the code exactly as issued and obtain confirmation that retrieval succeeded. The filing instructions should also identify any change in applicant name or ownership between the priority application and Korean filing.
Korean translation
Korean is the prosecution language. A direct application may be filed with an English-language specification and drawings under the foreign-language application procedure, followed by a Korean translation within the statutory period. The ordinary deadline is 14 months from the applicable filing or earliest priority date, subject to provisions that may require earlier submission when examination is requested.
The translation review should address claim dependencies, defined terms, transitional language, numerical ranges, alternatives, reference signs, and consistency between the claims, description, and drawings. The applicable language, translation deadline, and correction procedure should be confirmed for the specific filing before the foreign-language procedure is used.
Representation and power of attorney
An applicant without a domicile or business address in Korea must appoint a Korean patent administrator. Foreign applicants ordinarily appoint a Korean patent attorney. The power of attorney should use the form and signature method supplied by Korean counsel. For a PCT national phase case, WIPO's Korea chapter states that an agent is appointed by filing a power of attorney and that a Korean translation is required when the power is executed in another language.
A power used for another jurisdiction or entity should not be assumed to apply. A general power may be appropriate for a recurring portfolio; matter-specific authority may be used for an individual filing. Counsel should confirm the required form, scope, and submission timing.
PCT national phase applications
Instructions for a Korean PCT national phase application should include:
- the PCT application number and earliest priority date;
- the published international application and WIPO bibliographic record;
- current applicant and inventor data, including recorded or pending changes;
- Article 19 amended claims and any accompanying statement;
- Article 34 amendments and annexes;
- the claim text intended for Korean prosecution;
- the sequence listing and deposit information where applicable;
- the executed power of attorney; and
- instructions concerning examination and any intended Patent Prosecution Highway request.
MOIP ordinarily obtains the international application from the WIPO International Bureau, so the applicant does not generally need to supply a separate certified copy. The Korean translation and national fee must generally be submitted by 31 months from the priority date. Translation requirements apply separately to Article 19 and Article 34 amendments relied upon in Korea.
Final filing instruction
| Item | Confirmation |
|---|---|
| Applicant and inventors | Exact names, addresses, nationality, entity data, and changes |
| Deadline | Correct 12-month Paris or 31-month PCT date |
| Technical text | Final source specification, claims, abstract, drawings, and amendments |
| Priority | Certified document, DAS route, and access code as applicable |
| Translation | Scope, terminology, review responsibility, and delivery date |
| Authority | Power-of-attorney form, signatory, and submission status |
| Examination | Request timing and any acceleration instruction |
| Commercial constraints | Publication, confidentiality, licensing, or claim-scope objectives |
Related Korean patent guidance
- Direct Korean Patent Filings by Foreign Companies
- Korea PCT National Phase Deadline: The 31-Month Rule
- Korean Patent Application Cost: Official Fees and Budget
Official sources
Legal and editorial review: July 16, 2026. Korea's patent authority is the Ministry of Intellectual Property (MOIP), formerly KIPO.
This article provides general information and is not legal advice. Deadlines, fees, and procedures may change; current requirements should be confirmed for each matter.
