What is covered
A disclosure of the invention within 12 months before the Korean filing date is not counted against novelty or inventive step if it was made by the person entitled to the patent, for example at a conference, in a paper, on a website or by selling a product, or if it was made against that person's will.
What is not covered
The applicant's own patent publications, at home or abroad, are excluded. A published earlier application is prior art unless its priority is claimed within 12 months.
How to claim it
- State the claim in the application form, and file proof of the disclosure within 30 days of the filing date.
- If this was missed, the claim and the proof can still be filed, with a supplementary fee, while amendments are allowed or within three months of the decision to grant, but before registration.
PCT applications
For a PCT national phase entry, the statement and proof can be filed within 30 days after the reference date: the end of the 31-month period, or the date examination is requested if earlier.
Practical points
- Count the 12 months from the first disclosure, not the latest.
- Keep dated evidence of each disclosure: the publication, the programme of the event, the sales record.
- Other countries have different rules; a disclosure forgiven in Korea may destroy novelty elsewhere.
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Questions
Does Korea have a grace period for patents?
Yes. A disclosure by the person entitled to the patent within 12 months before filing is not counted against novelty or inventive step, if the grace period is claimed and proved.
Does the grace period cover our own patent publication?
No. Publications of patent applications and registrations, in Korea or abroad, are excluded.
When must the proof be filed?
Within 30 days of the filing date. Late claims are possible with a supplementary fee while amendments are allowed or within three months of the decision to grant.
How does it work for PCT applications entering Korea?
The statement and proof can be filed within 30 days after the reference date: the end of the 31-month period, or the date examination is requested if earlier.
Legal basis
- Patent Act, Art. 30 — 12-month grace period (para. 1), claim and 30-day proof (para. 2), late claim with a fee (para. 3)
- Patent Act, Art. 200, Enforcement Rule of the Patent Act, Art. 111 — international applications: 30 days after the reference date