KR IP Info

Q.What should we send when instructing a Korean patent firm?

We recommend that foreign counsel include the following instruction:

“Please do not simply file the foreign application in Korea. Please review the application under Korean practice and advise us of any necessary changes.”

In particular, please provide:

1. 1.

   What is the client's ultimate protection goal in Korea?

   Please identify the technology, product, or brand that is commercially important to the client.

2. 2.

   What is the prosecution history in other jurisdictions?

   Please provide relevant Office Actions, search reports, amendments, and examination results from the US, Europe, Japan, China, or other jurisdictions.

3. 3.

   Which claims are commercially important?

   Not all claims necessarily have the same commercial value. Please identify the claims that are strategically important to the client.

4. 4.

   Are there any translation-sensitive terms?

   Please identify technical terms, defined expressions, claim terminology, or terminology used consistently in corresponding foreign patents.

Q.Korea at a Glance — Key Practical Points

Q.When must a PCT application enter the Korean national phase?

One of the most common docketing errors is to apply a 30-month rule used in another jurisdiction to Korea. Korea generally applies a 31-month period for PCT national-phase entry. Therefore, a foreign docketing system should not automatically be used without independently verifying the Korean deadline.

We also recommend instructing Korean counsel sufficiently in advance of the 31-month deadline to allow adequate time for translation, document review, and filing formalities.

Docketing Rule: Priority Date → 31 Months → Korean National Phase Deadline

Q.When must a priority document be submitted for a Korean patent or utility model application?

Patent and Utility Model Priority Documents — 1 Year and 4 Months

For Korean patent and utility model applications, the priority document should generally be submitted within one year and four months from the filing date of the priority application.

Importantly, this period is not simply calculated as 16 months from the Korean filing date. The relevant starting point is the filing date of the foreign priority application. Accordingly, the priority-document deadline should not be calculated simply from the Korean filing date.

Patent/Utility Model: Priority Filing Date + 1 Year 4 Months

Q.When must a priority document be submitted for a Korean trademark or design?

For Korean trademark and design applications, the priority document should generally be submitted within three months from the Korean filing date.

In particular, the trademark priority-document period is non-extendable, and should therefore be treated as a critical docketing deadline.

Trademark/Design: Korean Filing Date + 3 Months

Q.Is a Korean patent application automatically examined after filing?

Request for Examination — 3 Years (effective March 1, 2017)

No. A Korean patent application is not substantively examined automatically upon filing. A separate Request for Examination is required. As a general rule, the request for examination must be filed within three years from the Korean filing date.

Because the three-year period is relatively long, foreign applicants sometimes postpone the examination request while waiting for prosecution results in other jurisdictions. However, the Korean three-year period runs independently of the prosecution status in the US, Europe, Japan, or other jurisdictions.

If the examination request is not filed within the applicable period, the application may be deemed withdrawn. The examination-request deadline should therefore be docketed as a critical statutory deadline.

Q.Is there a specific post-grant period during which a Korean patent may be challenged?

Patent Cancellation Request — 6 Months from the date of the registration publication

Yes. Korea has a Patent Cancellation Request procedure. As a general rule, any person who states the grounds and submits supporting evidence may file a Patent Cancellation Request, subject to the statutory requirements, within six months from the date of the registration publication.

The registration of the patent right date and the publication date of the patent registration should be distinguished. Foreign counsel should therefore avoid simply docketing the matter as “grant date + six months.” The official Korean registration and publication information should be checked when calculating the deadline.

Patent Cancellation Request vs. Patent Invalidation Trial: do not treat the Korean Patent Cancellation Request as identical to an EPO Opposition or a US post-grant proceeding.

Q.How long is the opposition period for a Korean trademark application?

Trademark Opposition — 30 Days After Publication (effective July 22, 2025)

Once a Korean trademark application is published, any person may generally file an opposition within 30 days from the publication date. The opposition period is non-extendable and is calculated from the publication date, not from the original filing date.

When monitoring a Korean trademark portfolio, foreign counsel should therefore monitor not only the filing date but also the publication status and publication date.

Q.What if all evidence is not yet available?

The absence of a complete evidence package should not be treated as a reason to miss the 30-day statutory deadline. Under Korean procedure, there are circumstances in which the grounds and evidence may be supplemented after the initial opposition filing. Accordingly, where an opposition is commercially important, foreign counsel should immediately consult Korean counsel rather than waiting until all evidence is complete.

Q.What is the deadline for challenging a Korean trademark refusal?

Appeal/Trial Against a Trademark Refusal — 3 Months

As a general rule, an appeal/trial against a Korean trademark refusal must be filed within 3 months from the date of service/receipt of the certified copy of the refusal decision.

Do not confuse the decision date with the service date.

Deadline Summary

Q.Can we use our US or European prosecution strategy in Korea?

International principles are often similar, but Korean translation, amendment, examination-request, and post-refusal procedures have important differences.

1. 1.

   A separate request for examination is required for Korean patent applications.

   A Korean patent application is not substantively examined merely because it has been filed. A request for examination must be filed, generally within three years from the filing date.

   Accordingly, the Korean examination-request deadline should be docketed separately from the deadlines used for US or European prosecution.

2. 2.

   US-style amendment strategies should not be assumed to work in Korea.

   Under Korean practice, amendments must generally remain within the scope of matters originally disclosed in the specification or drawings. Additional restrictions apply to amendments made in response to certain Office Actions, and the introduction of new matter can result in a rejection.

   Therefore, before requesting a Korean amendment, the Korean representative should confirm that the proposed amendment is adequately supported by the original Korean filing.

3. 3.

   The Korean translation can affect prosecution strategy.

   For foreign-language applications, the Korean translation is particularly important. Korean examination guidelines recognize the Korean translation as an important basis when assessing whether an amendment introduces new matter in certain circumstances.

   For complex technologies, we therefore recommend reviewing important claim terminology and technical expressions with the Korean representative before filing.

4. 4.

   Korean patent opposition should not simply be equated with US or European procedures.

   Korea has a Patent Opposition procedure under which any person may request opposition within six months from the date of publication of the patent registration.

   This procedure is distinct from a patent invalidation trial and should be considered separately when advising a client on post-grant strategy.

5. 5.

   Consider re-examination as well as an appeal/trial after a refusal.

   Following a refusal, Korean practice provides a re-examination procedure in appropriate circumstances, in addition to appeal/trial proceedings.

   Accordingly, after receiving a Korean refusal, the question should not simply be "Should we appeal?" Instead, the applicant and Korean representative should consider whether amendment followed by re-examination or a trial against the refusal provides the more appropriate strategy.

Q.If we have extensive experience in Japan, China, Taiwan, Hong Kong, or Singapore, can we use essentially the same strategy in Korea?

The overall structure may be familiar, but Korean prosecution practice should not be treated as identical to that of other Asian jurisdictions. The following points are particularly important.

1. 1.

   Korean translation is not merely a linguistic exercise.

   A Korean translation is required for foreign-language patent applications, and a Korean translation is also required when entering the Korean national phase of a PCT application. For a PCT application, the Korean national-phase deadline is generally 31 months from the priority date.

   The wording of the Korean translation can become important during prosecution, particularly when amendments or new-matter issues arise. For this reason, we recommend treating the Korean translation as an important prosecution document rather than simply as an administrative translation.

2. 2.

   Do not automatically copy the claim strategy used in another Asian jurisdiction.

   A claim granted in Japan, China, or another jurisdiction will not necessarily be granted in Korea in exactly the same form. Korean examination should be considered independently, taking into account the Korean specification, claims, drawings, prior art, and applicable examination standards.

3. 3.

   Priority-document deadlines should be separately docketed.

   For patents and utility models, priority documents generally need to be submitted within 1 year and 4 months from the priority application date. For trademarks and designs, the relevant deadline is generally 3 months from the Korean filing date.

   These deadlines should therefore not simply be copied from the docketing system used for another jurisdiction.

4. 4.

   Korea follows a First-to-File trademark system.

   Trademark protection in Korea is fundamentally based on a First-to-File system. This is particularly important when a foreign company is planning to enter the Korean market through a distributor, agent, licensee, or local business partner.

   A trademark that remains unused for three consecutive years may be subject to cancellation for non-use under the applicable requirements. We therefore recommend considering Korean trademark filings before entering the Korean market.

5. 5.

   Korean design practice has several distinctive features.

   Korea operates both substantive examination and partial-substantive examination systems for designs. Korean practice also provides mechanisms such as partial designs, related designs, and multiple-design applications in appropriate circumstances.

   Accordingly, a design registered in Japan, China, or another jurisdiction should not necessarily be filed in Korea without reviewing the Korean drawing, article designation, and protection strategy.

Q.What information should we provide to the Korean representative?

We recommend providing the following information with every Korean patent instruction.

Korea is one of the IP5 offices and its examination guidelines have been developed with reference to the examination standards and practices of major IP offices. Nevertheless, an examination result obtained in another jurisdiction is not automatically determinative in Korea.

Q.If a trademark has already been registered in the US or Europe, will it automatically be registrable in Korea?

No. A separate Korean trademark clearance and filing strategy is recommended.

In particular, foreign applicants should consider:

• Korean-language or Hangul versions of the brand
• Korean transliterations
• Possible Korean translations of the brand
• Existing Korean applications and registrations
• Applications filed by distributors or local agents
• Appropriate goods and services
• Actual intended use in Korea

Once a Korean trademark application is published, any person may generally file an opposition within two months from the publication date, and the opposition period is non-extendable.

Q.What can I do if someone infringes on my trademark in South Korea?

If your trademark is being infringed in South Korea, you have several legal recourse options. The most appropriate measure—or combination of measures—will depend on the specific facts of your case, including the scope of infringement, the infringer's identity and scale of operations, and the strength of the evidence you have gathered.

Below are the primary enforcement actions available under Korean law:

1. 1.

   Send a Cease-and-Desist Letter

   A formal written notice demanding that the infringer immediately stop the unlawful activities. This is often the first step and can lead to an early settlement. It also serves as useful evidence to establish the infringer's willful intent if litigation becomes necessary later.

2. 2.

   Seek Provisional Relief (Injunction)

   You may apply to the court for a preliminary injunction to urgently halt the infringing acts or to seize infringing goods before a full trial concludes. This is particularly effective when irreparable harm is imminent or ongoing.

3. 3.

   File a Civil Lawsuit

   You can bring a substantive civil action in court seeking:

1. 1.

   Pursue Criminal Remedies

   Trademark infringement is a criminal offense under the Korean Trademark Act, punishable by up to 7 years of imprisonment or a fine of up to KRW 100 million. You may file a criminal complaint with investigative authorities or report the case to the Korean Intellectual Property Office (KIPO) to seek criminal penalties against the infringer.

2. 2.

   Request Customs Seizure (Import Block)

   If the infringing goods are being imported from abroad, you can file a request with the Korea Customs Service to suspend customs clearance or block the importation of such products.

Final Recommendation — Since each remedy has different procedural requirements, costs, and strategic implications, it is highly advisable to consult with KIM&CHO specializing in intellectual property. Our team is fully equipped to help you assess the situation, gather necessary evidence, and design a tailored enforcement strategy—whether your priority is a swift resolution, maximizing financial recovery, or pursuing criminal penalties.