How to enter the Korean PCT National Phase

Korean national phase application from a PCT application

This guide sets out the requirements for entry in the national phase in the Republic of Korea.

National phase time limits

The time limit for entering the national phase in Korea is 31 months from the earliest priority date of the PCT application.

Translation requirements

The international application is required to be translated into Korean.

A translation of the PCT requests, description, claims, any text matter of the drawings and abstract as required. If the claims have been amended, a translation of the claims as originally filed or as amended as required.

No translation of the priority documents as required unless the applicant is invited to do so.

Fees

When entering the Korea National phase, official filing fees, examination fees and annual fees (from the first to third year) payable.

Official fees are reduced by 70% where the applicant is natural person and is also the inventor.

Examination fee is reduced by 10% if the international search report has been established by the European patent office or by 30% where the international search report or international preliminary examination report has been established by the Korean intellectual property office. If both the international search report and international preliminary examination report have been established by the Korean intellectual property office, the examination fee is reduced by 70%.

Examination

Examination must be requested within five years from the international filing date.

Utility model option

When entering the Korea National phase, the applicant has the option of pursuing a utility model as opposed to a patent on the basis of the international application.