PCT National Phase Entry in Korea: 31-Month Requirements
The Korean national phase deadline is 31 months from the PCT priority date. The applicant must complete the acts required for national phase entry by that date, subject only to the separate one-month extension available for the Korean translation under the conditions stated in the Korean Patent Act.
Korea does not permit reinstatement under PCT Rule 49.6. A missed 31-month national phase deadline should therefore not be treated as curable through the broad reinstatement procedure available in some jurisdictions.
Requirements by the 31-month deadline
National phase entry ordinarily requires:
- a national-phase transmittal identifying the international application and applicant;
- payment of the national filing fee;
- a Korean translation of the required PCT text, unless the statutory one-month translation extension is requested correctly;
- applicant and inventor information not already sufficient in the international record;
- appointment of a Korean agent for a nonresident applicant; and
- information and supporting documents for any change in applicant identity, inventorship, or other bibliographic data.
MOIP ordinarily retrieves the international application from the WIPO International Bureau, so a separate copy is generally unnecessary. The international application number, publication number, priority date, applicant name, and any recorded changes should nevertheless be checked against the WIPO record.
If a nonresident applicant has not completed appointment of its Korean agent at entry, the current WIPO Korea chapter states that appointment must be completed within two months after expiry of the national phase time limit. This period cures the representation formality; it does not extend the deadline for national phase entry or payment of the national fee.
One-month extension for the Korean translation
Article 201 of the Korean Patent Act permits a foreign-language PCT applicant to request an additional month for the Korean translation. The extension request must be stated in the national-phase document submitted during the one-month period ending on the 31-month deadline, and the translation must not already have been submitted before that request.
When those conditions are satisfied, the translation may be submitted within one month after the 31-month period expires. The provision extends only the translation period. It does not create a general 32-month national phase deadline for the filing request or national fee.
Translation contents
The Korean translation ordinarily covers:
- the request, unless MOIP Form No. 57 supplies the required data;
- the description;
- the claims;
- text in the drawings;
- the abstract; and
- the applicable Article 19 and Article 34 amendments and accompanying material.
Sequence listings, chemical formulae, tables, and reference signs should be reviewed under the applicable format and translation rules. The filing instruction should identify the claim set intended for Korean prosecution.
Original text and PCT amendments
Korean counsel should receive the published PCT application and the complete record of amendments under Article 19 or Article 34, including replacement sheets, statements, and annexes. The filing record should state which version of the description and claims is translated and submitted.
A claim-version table can compare the original claims, Article 19 amendments, Article 34 amendments, and the proposed Korean text. This prevents omission of an amendment and identifies inconsistent numbering or dependencies before filing.
Correction of the translation
A revised Korean translation may be submitted before expiry of the applicable translation period if examination has not already been requested. After that period, a translation error may be addressed when amendment is otherwise permitted under Korean law.
The availability and permissible scope of a later correction depend on the procedural stage and the source text. A bilingual review before filing should therefore compare independent claims, dependencies, defined terms, numerical ranges, alternatives, reference signs, and the relevant PCT amendment sheets.
Official fees and examination
As of the editorial review date, the official electronic national filing fee is KRW 46,000. The examination-request fee is KRW 166,000 plus KRW 51,000 per claim. The examination fee may be reduced by 70% when the international search report or international preliminary examination report was established by MOIP and the applicable conditions are satisfied.
National phase entry does not initiate substantive examination. Examination must be requested within three years from the international filing date. Because this period runs from the international filing date rather than the national phase entry date, the remaining time after a 31-month entry may be limited.
Preparation schedule
| Target time | Work to complete |
|---|---|
| Six to eight weeks before the deadline | Provide the PCT publication, current bibliographic data, Article 19 and Article 34 amendments, relevant correspondence, ownership changes, and intended Korean claim text. |
| Three to four weeks before the deadline | Complete the Korean translation, resolve technical terminology, and decide whether examination or an accelerated procedure will be requested at entry. |
| Several business days before the deadline | Approve the filing papers, confirm agent authority, and arrange funds while allowing for time-zone, signature, name, and banking issues. |
Priority documents and examination timing
MOIP generally obtains priority information through the PCT record or the applicable digital document-exchange system. A Korean translation of a priority document is ordinarily required only if MOIP invites submission for examination or trial. The specific record should be checked for missing or inconsistent priority data.
The applicant is not required to request examination at national phase entry. An early request may shorten the period to substantive review; a later request within the three-year period may defer cost and permit coordination with prosecution in other jurisdictions.
Official references
- WIPO PCT Applicant's Guide: Republic of Korea
- WIPO national phase time-limit table
- MOIP official patent fee schedule
- Korean Patent Act
Related Korean patent guides
- Filing a Patent in Korea: Procedure and Deadlines for Foreign Applicants
- Direct Filing and PCT National Phase Entry in Korea
- Korean Patent Translation Errors Affecting Claim Scope
Legal and editorial review: July 16, 2026. MOIP is Korea's current IP authority; some official English pages may retain KIPO or transitional terminology.
This article provides general information, not legal advice. Korean law and MOIP practice may change, and the correct action depends on the facts and relevant dates.
