PCT NATIONAL PHASE ENTRY
South Korea

It is of utmost importance to carefully consider South Korea as a pivotal target for securing intellectual property protection, primarily due to its robust presence in the manufacturing sector, specifically in electronics and automobiles. It offers a highly advantageous prospect for companies seeking to manufacture and commercialize their patented inventions. Furthermore, South Korea's strategic geographical positioning in the heart of Asia facilitates convenient access to key markets in the region. In addition to its strategic location, the country possesses a highly educated and skilled workforce, particularly in fields such as engineering, technology, and science, thereby presenting a valuable opportunity for those intending to manufacture or license their patents within a proficient and adept environment. It became a Patent Cooperation Treaty (PCT) contracting state on 10th August 1984.

The major requirements and procedure to file a patent application in South Korea are mentioned below:

The designated period for submitting a patent application in the following country under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.

The exclusive language sanctioned for filing national phase application in this jurisdiction is strictly Korean. Consequently, any national phase application intended for submission in South Korea must perfectly incorporate meticulous translation of the complete specification into the Korean language.

The deadline for submitting a patent application to the national phase cannot be extended. Specifically, translations can be submitted up to 32 months from the priority date, provided the relevant fee is paid.

The essential  documents required for filing a patent application include:

• Power of Attorney: A photocopy of the original POA must be provided when entering the PCT national phase in South Korea. If the submission of the document is delayed, it can still be accepted as long as it is accompanied by the appropriate additional fee.
• Verified KoreanTranslation

The filing fee, request for examination fee, renewal fees for the first to the third year, and the fee for a request for a scope confirmation trial are eligible for a 70% reduction if the applicant is both a natural person and the inventor. However, if the applicant exceeds 20 applications in a given year, the application fee reduction is limited to 30%.

Furthermore, a 70% reduction in the request for examination fee applies when the international search report or the international preliminary examination report is issued by the Korean Intellectual Property Office.

The patent applications in this country undergoes both substantive and formal examinations. A request for the substantive examination must be made within three years from the international filing date. Under Patent Prosecution Highway (PPH) it is possible to request an accelerated examination. The request for examination needs to be submitted in written form and in the Korean language, using Form No. 22.

Patent Prosecution Highway Program under the PCT

Several bilateral agreements have been formalized among patent offices, constituting a concerted effort to champion worksharing. These agreements empower patent applicants to seek expedited processing during the national phase, a pivotal stage in the patent application journey. Within this collaborative framework, patent examiners gain the privilege to leverage work products emanating from other offices. The work products includes a written opinion established by specific International Searching Authorities (WO/ISA), a written opinion established by designated International Preliminary Examining Authorities (WO/IPEA), or an international preliminary examination report (IPER) established by particular International Preliminary Examining Authorities. This Office is also one of the pilots in the IP5 Patent Prosecution Highway.

Following the examination process but preceding the patent's official grant, obligatory annual fees for the initial three years must be settled. These fees are due in a consolidated payment within three months subsequent to receiving the decision to grant the patent. For the ensuing years, commencing from the fourth year, annual fees must be remitted before the anniversary of the initial payment date. Payments altogether can me made with a surchrage of 18% late payment, before the expiration of six months from the anniversary of the date of the first payment.

The patent term for invention patents in South Korea is 20 years from the international filing date. Extension of regular patent term can be extended in two possible ways:

1. In the pharmaceutical and agrochemical fields, if a patent can't be sold until it gets approval or registration under other laws, term extensions can be requested and granted, then an extension of five years is granted.
2. If delays from the Korean Patent Office extend the examination process beyond four years from the filing date or three years from the examination request, whichever is later,  then an option to request an extension of the standard patent term is available. This provision applies universally across various technical fields.

The Global Innovation Index (GII) meticulously assesses the innovation capacities of worldwide economies. Comprising around 80 indicators systematically organized into innovation inputs and outputs, the GII endeavors to comprehensively portray the multifaceted aspects of innovation across diverse sectors and dimensions. Talking about this country, it is positioned at the 6th rank among the 132 economies highlighted in the Global Innovation Index for the year 2022.

The nation in question currently occupies a distinguished position on the global stage, standing as the 4th leading entity worldwide in total patent applications. Notably, its commitment to innovation extends beyond its borders, securing the 5th position for abroad applications. Further emphasizing its prowess in the international intellectual property landscape, the nation ranks 5th globally for PCT National Phase Entries. Beyond the realm of innovation, this nation commands a formidable presence in the world economic arena, holding the 13th position in global economic rankings.