Filing Your Patent or Trademark in Korea: A Guide for International Applicants

South Korea is one of the world's most innovative countries, making it a critical market for protecting your intellectual property. However, navigating the application procedures at the Korean Intellectual Property Office (KIPO) can be complex, especially for international applicants.

At Pine IP Firm, we specialize in helping foreign companies and inventors secure their IP rights in Korea. This guide breaks down the essential information you need to know about the application and assignment process, based directly on KIPO's requirements.

Do You Need a Korean Address or Patent Attorney?

This is the most critical question for any non-resident applicant.

The short answer is yes. According to Article 5 of the Korean Patent Act, if you do not have a residential or business address in South Korea, you must appoint a local representative (a Korean patent attorney) to handle all IP-related procedures on your behalf.

This "patent agent" or "patent attorney" will be your legal representative for:

• Submitting application documents
• Responding to office actions
• Paying official fees
• Managing any appeals or trials

This rule ensures that KIPO has a reliable, local point of contact who understands Korean law and language.

Key Documents for Your Korean IP Application

While the exact documents vary slightly, KIPO's requirements are precise. Your Korean representative will handle the specific forms, but you will need to provide the core information.

For Patents and Utility Models

• Application: Must include your name, address, invention title, and any priority claim details.
• Specification: This is the core of your patent. It must include a detailed description of the invention, your specific claims, an abstract, and any necessary drawings.
• Priority Documents: If you're claiming priority from an earlier application in another country (under the Paris Convention), you'll need to submit a certified copy.
• Power of Attorney (POA): A document authorizing your Korean patent attorney (like Pine IP Firm) to act on your behalf.

For Trademarks

• Application: Must state your name, address, the trademark itself, and the specific "designated goods" and services (and their classes) for which you're seeking protection.
• Specimens: Ten specimens (samples) of your trademark are required.
• Priority Documents: Similar to patents, these are required if you are claiming priority from a foreign application.
• Power of Attorney (POA): Required to appoint your local agent.

Critical Deadlines: Priority Claims and Translations

Missing a deadline can mean the complete loss of your IP rights. Here are two of the most important ones to watch.

The Language Requirement

You cannot file a patent application in English without a Korean translation. KIPO requires all official application documents to be in Korean. While some provisions allow for an English filing to secure a filing date (e.g., in PCT national phase entry), a complete Korean translation must be submitted within a set deadline.

This is why having a skilled IP firm with expert translators is non-negotiable.

Priority Document Deadlines

If you've filed for the same invention or trademark in your home country, you can claim "priority" in Korea. This means your Korean application will be treated as if it were filed on the same date as your original application.

However, the deadlines for submitting the certified priority documents are different:

• Patents & Utility Models: You must submit priority documents within one year and four months from the earliest priority date.
• Trademarks & Designs: You must submit priority documents within three months of the Korean filing date.

What Happens After Filing? Examination and Assignments

Filing the application is just the first step.

Requesting Examination (Patents)

Unlike in some countries, KIPO does not automatically examine patent applications. You (or your representative) must file a formal request for examination.

You have up to 3 years from the Korean application filing date to make this request. If you fail to request an examination within this window, your application will be considered withdrawn.

_Transferring Your IP Rights (Assignment)

What if you need to sell your patent or transfer it to a new entity after a merger?

Yes, you can assign (transfer) your patent or trademark rights. This process requires a formal "assignment application" to be filed with KIPO. You will generally need to submit:

• The official application form
• A copy of the assignment contract (which must be in Korean or translated)
• A power of attorney for the new owner
• Other notarized documents verifying the transfer

For corporate mergers, you must submit documents verifying the merger, the date, and the details of the new entity.

Navigate the Korean IP System with Confidence

Filing for a patent or trademark in South Korea involves precise rules, mandatory local representation, and strict deadlines. Don't let a procedural error jeopardize your valuable intellectual property.

The expert team at Pine IP Firm is ready to be your local partner. We manage the entire process—from translation and filing to responding to KIPO and securing your registration.

Contact us today to discuss your Korean IP strategy.