The basic conditions
Priority examination is available for patent and utility model applications for which examination has been requested. The request is filed with an explanation statement setting out the ground, with supporting evidence, and an official fee: KRW 200,000.0 for a patent and KRW 100,000.0 for a utility model. Our fee is $400.
Grounds open to foreign applicants
- PCT applications searched by KIPO. A PCT application for which KIPO carried out the international search qualifies once the national phase submission has been filed.
- Patent Prosecution Highway. Claims found allowable by a partner office, or in a favourable PCT work product, support an accelerated request. See our PPH guide.
- Working the invention in Korea. The applicant works the invention as a business in Korea, or is preparing to.
- Third-party working. After publication, a third party is found working the invention as a business.
- Technology fields. Green technology and Fourth Industrial Revolution applications given the relevant KIPO classification, and semiconductor and other strategic technologies announced by KIPO.
Documents
The request form, the explanation statement with the evidence for the ground, and a power of attorney. For working the invention, the evidence shows the business and its relation to the claimed invention; for third-party working, the statement describes the infringing activity.
Timing
Examination must be requested first. At PCT entry without amendments, the examination request can be filed together with the Korean translation. The priority examination request is then filed separately, as soon as the explanation statement and the evidence for the ground are ready.
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Questions
Who can request priority examination in Korea?
Any applicant whose application meets one of the grounds in KIPO's Notice on priority examination and for which examination has been requested. Several grounds suit foreign applicants: PCT applications searched by KIPO, the PPH, and working the invention in Korea.
How much does priority examination cost in Korea?
The official fee is KRW 200,000.0 for a patent and KRW 100,000.0 for a utility model. Our fee is $400.
Does a PCT application searched by KIPO qualify?
Yes. A PCT application for which KIPO was the International Searching Authority qualifies once the national phase submission has been filed.
Is the PPH a form of priority examination in Korea?
Yes. A PPH request is filed as a request for priority examination, with the documents the PPH programme requires.
Legal basis
- Patent Act, Art. 61 — priority examination
- KIPO Notice on priority examination of patent and utility model applications (No. 2026-3, in force 23 February 2026), Arts. 4 to 6
- Rules on the Collection of Patent Fees, Art. 2 — priority examination fee