Republic of Korea

The Patent Cooperation Treaty (PCT) is an international agreement, which makes it possible to request patent protection in multiple countries through the filing of a single “international” patent application. Korea, like other Contracting States, has particular requirements for obtaining a patent in its territory through the PCT. For example, appointment of an agent is required if the applicant is not resident in the Republic of Korea. For more information, see KIPO's PCT FAQ and the WIPO National Phase PCT Applicant's Guide for Korea.

Korea is a Contracting State to the Hague Agreement. The Hague Agreement offers the possibility of obtaining protection for up to 100 industrial designs in designated member countries and intergovernmental organizations by filing a single international application in a single language.

A trademark owner may be able to use its USPTO trademark application or registration as the basis for obtaining trademark protection in Korea through the Madrid Protocol. Visit WIPO to file an international application.

The USPTO participates with the KIPO in the Global Patent Prosecution Highway. When an applicant receives a final ruling from the USPTO that at least one claim is allowed, the applicant can request fast track examination of corresponding claim(s) in a corresponding patent application that is pending at KIPO, and vice-versa. To request accelerated prosecution of a Korean patent application based on an allowable claim at the USPTO or another IP office, visit KIPO's PPH webpage.

The Collaborative Search Pilot (CSP) provides applicants who cross-file their U.S. patent applications with Korea with search results from both offices early in the examination process. It is designed to accelerate examination and provide the applicant with more comprehensive prior art by combining the search expertise of examiners at both offices before issuing a first office action. Benefits include:

• Greater consistency across offices,
• Expedited examination, and
• More comprehensive prior art.

For more information, see the USPTO's CSP webpage or the KIPO's CSP webpage.

The USPTO and KIPO participate in WIPO Digital Access Service (DAS), which allows the free, electronic transmission of certain filing documents between IP offices. It automates the provision of priority documents to offices of second filing, which is generally required to obtain the “right of priority” under the Paris Convention. For more information, see the USPTO's Electronic Priority Document Exchange (PDX) Program.

Global Dossier is a tool that allows applicants to view information, at a single location, about patent “family” member applications that are pending in different IP offices. Korean patent application search and examination documents can be viewed through Global Dossier. See the USPTO's Global Dossier webpage for more information.

One critical component of any application to register a trademark is the identification of goods and services (the “ID”). The ID enumerates the goods and/or services on which, or in connection with which, that trademark is used. Trademark offices in different countries may have different standards as to which sorts of IDs are acceptable for inclusion in an application. As a result, trademark owners who want to obtain protection for the same trademark in multiple countries potentially have to create unique IDs for each of them. To lessen that burden, the USPTO leads an ongoing effort, in cooperation with its counterparts in the Trademark Five or “TM5” forum, including the KIPO, to maintain a pre-written “pick list” of IDs (the TM5 ID List) that will be accepted in the trademark offices of numerous countries, including KIPO. IDs that are included in the TM5 ID List have a “T” in the TM5 column in the USPTO's Trademark ID Manual.