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Application and Assignments

  • What documents should I submit for an intellectual property rights application?

    If you wish to obtain the rights of a patent, utility model, trademark, or design, you must submit the following documents to the Korean Intellectual Property Office (KIPO):

    1) For patents and utility models:

    a. an application stating your name and address (including the name of a representative in the case a juristic person has been appointed), the date of submission, the title of the invention, and, if the right of priority is claimed, the priority data

    b. a specification setting forth the following: the title of the invention, a brief description of drawings (if any), a detailed description of the invention, and any claims

    c. drawings, if any

    d. an abstract

    e. priority documents if you are claiming the right of priority; that is, a certified copy of the priority application together with the Korean translation

    f. a power of attorney, if any.

    2) For trademarks:

    a. an application stating your name and address (including the name of an executive officer in the case a juristic person has been appointed), the trademark, the designated goods and class of goods, the date of submission, and, if the right of priority is claimed, the country and filing date of the priority application

    b. ten specimens of the trademark (at least 7 cm x 7 cm)

    c. priority documents if you are claiming the right of priority

    d. a power of attorney, if any.

    When filing a trademark application, you only need to submit document (a). You can add the name of the executive officer later at your own initiative or in response to a notice of amendment issued by KIPO.
    If you fail to submit specimens of the trademark or the power of attorney when filing the trademark application, KIPO will issue a notice of amendment requesting you to submit them within a designated period. You must submit the priority document within three months of the date on which it was filed in the Republic of Korea, and the time limit cannot be extended.

    3) For designs:

    a. an application stating your name and address (including the name of a representative in the case a juristic person has been appointed), the date of submission, the name of the article on which the design is embodied, the claim, and, if the right of priority is claimed, the priority data

    b. drawings of the design

    c. priority documents if you are claiming the right of priority; that is, a certified copy of the priority application together with the Korean translation

    d. a power of attorney, if any.

    When filing a design application, you only need to submit documents (a) and (b). You can submit the name of your representative, the priority documents and the power of attorney after you have filed the application.

  • Do I need to have an address in Korea in order to apply for a patent?

    No. However, under Article 5 of the Patent Act and Article 2 of the Patent Attorney Act, if you do not have a residential or business address in Korea, you must appoint a patent attorney with a residential or business address in Korea to act on your behalf for all patent-related procedures, including the submission of documents, the payment of fees, and the lodging of any appeals.

  • Can I apply for a patent without appointing a patent agent as my representative?

    Yes. Under Korean law anyone (family, friend or otherwise) can help you process a patent or
    trademark procedure instead of a patent attorney provided they have a residential or business
    address in Korea.
    Please note that a trial case number and a power of attorney are required.

  • Does KIPO use e-mail to inform me of information about my application?

    No. In accordance with Article 18 of the Enforcement Ordinance of the Patent Act, we send all
    information about your patent application via registered mail. The mail is sent to your Korean
    address or, if you don't have one, to the Korean address of your representative.

  • If I wish to request priority for my application, what should I do and when should I send the priority documents?

    In accordance with Article 54(7) of the Patent Act, if you wish to request priority for your application,
    you must mark the item of priority claim when you file the application.
    For a patent or utility model, you should submit the priority documents within
    one year and four months of the prior application date on which the application was filed in another
    country. For a trademark or design, you should submit the priority documents within three months
    of the filing date on which the application was filed in Korea.

  • Can I file a patent application in English without a Korean translation?

    No. If you file a patent application in English, you must include a Korean translation.

  • Is it necessary to request that my application be examined and, if so, what are the relevant time frames for requesting an examination?

    Yes, you will need to request your application be examined as we only examine a patent application after receiving an examination request. When you submit a patent application, you have up to five years from the application date to submit an examination request.

  • Can anyone use the online application process?

    No. Unfortunately, only Korean residents and those with a residential or business address in Korea may file an online application.
    Korean online security protocols require users to input data from a yes-sign certificate, which is only issued to Korean residents.
    Under the Trademark Act, if you don't have a residential or business address in Korea, all your intellectual property procedures must be handled by an agent with a residential or business address in Korea.
    If you wish to find a suitable agent, we suggest you contact the Korea Patent Attorneys Association : Tel: +82 (2) 3486 3486; e-mail: kpaa@kpaa.or.kr.

  • If I don't speak Korean, how can I get customer service help?

    Although our regular customer service hotline is limited to the Korean language only, you can e-mail any queries in English to our International Cooperation Division < kipoicd@kipo.go.kr >

  • How can I get a Korean-English machine translation of patents and how much does it cost?

    You can get a Korean-English machine translation of a patent from the Korea Industrial Property Rights Information Service website. Click "K2E-PAT Service"
    Click "K2E-PAT Service"on the left-hand side of that Web page for instructions and costs.

  • Where can I find a list of patent and trademark agents in South Korea?

    Contact the Korean Patent Attorneys Association:
    Tel: +82 (2) 3486-3486
    Fax: +82 (2) 3486-3511
    E-mail: kpaa@kpaa.or.kr

  • If my patent application covers two or more inventions, can I divide the original application into individual applications for each invention?

    Yes, Article 52.1 of the Patent Act stipulates that where an application includes two or more inventions, you can divide it into two or more applications and file a divisional application.

  • What procedures must I follow when assigning a patent or trademark?

    To assign a patent or trademark, you will need to submit the following documents and pay the assignment fee.

    o The assignment application form (Form 8)
    o A contract of the assignment written in Korean
    o A certificate of the power of attorney (if you use a representative)
    o A notarized certificate of nationality

    (Please note that as with all patent and trademark-related procedures in Korea, if you don't have a residential or business address in Korea, the assignment process should be handled by a representative with a residential or business address in Korea.)

  • Is a patent application transferable? If so what are the steps and procedures?

    The procedures of a transfer are identical to those of an assignment.

    The following documents must be submitted to KIPO:
    o Notification of change of ownership (Attachment No. 20)
    o A certificate of the power of attorney (if you use a representative)
    o A notarized certificate of nationality

  • If my foreign company has merged with another company, how can I transfer a patent to the new entity?

    If your foreign company has merged with another company and you wish to transfer a patent to the new entity, you will need to submit a Korean version of the certificate verifying when and where the companies merged and the name and nationality of the new CEO.

  • Last updated 13 August 2020
  • International Cooperation Division