Protect Your Invention in South Korea
South Korea is one of Asia's most active patent jurisdictions, with the Korean Intellectual Property Office (KIPO) examining new, useful, and inventive technology across every industry. Brealant helps innovators prepare, file, and prosecute patent applications under the Patent Act of Korea.
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Essential Guide to Patent Registration in South Korea
What it Covers: A Korean patent protects new inventions — products, processes, or improvements — that are novel, involve an inventive step, and are capable of industrial application.
Deferred Examination: Substantive examination is not automatic on filing and must be separately requested within three years, or the application is treated as withdrawn.
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A Hassle-Free Patent Journey with Brealant
- Search: Our team conducts a prior art search to assess the novelty and patentability of your invention.
- File: Brealant prepares and files your application with KIPO, including claims, specification, and any priority documents.
- Wait: Your application is formally reviewed and published 18 months after filing.
Clear, Simple Steps to Patent Protection in South Korea
Filing a patent in South Korea starts with preparing a specification and claims that meet KIPO's standards for novelty, inventive step, and industrial applicability under the Patent Act.
What Patent Protection Covers in South Korea
New machines, apparatus, and physical products, along with genuine improvements to existing technology.
New methods of manufacturing, industrial processes, and ways of achieving a technical result.
Partnering with Brealant means your application is drafted and filed to match the scope of protection your invention actually deserves.
Limitations — What Patent Protection Cannot Guarantee
No Automatic Grant
KIPO must examine and allow the application, and that examination must be separately requested within three years of filing.
Publication Exposes Your Application
Your application is published 18 months after filing regardless of examination status, putting technical details on the public record before grant.
Excluded Subject Matter
Discoveries, scientific theories, mere presentations of information, and methods for the medical treatment of the human body cannot be patented.
Territorial Protection Only
A Korean patent protects your invention only within Korea.
Brealant walks you through these limits from the outset, so your filing and examination strategy is built around them.
Frequently Asked Questions
Is my invention automatically examined once I file a patent application in South Korea?
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No. Korea uses a deferred examination system — you or a third party must formally request substantive examination within three years of filing.
Can foreign companies and individuals file patents directly with KIPO?
Foreign applicants without a domicile or business in Korea must appoint a licensed local patent attorney or agent to file and prosecute on their behalf.
What is the Patent Prosecution Highway (PPH), and can I use it in Korea?
PPH lets applicants with a corresponding application already allowed in a partner office request accelerated examination in Korea.
What happens if I miss the three-year deadline to request examination?
The application is treated as withdrawn, permanently losing the priority date and any chance of grant from that filing.
Can I enter Korea through a PCT application?
Yes. Korea is a PCT member, so international applicants commonly enter the Korean national phase from a PCT filing rather than filing directly.
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Blogs and Resources
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