When the PPH is available
KIPO runs PPH programmes with many patent offices, including through the Global PPH and the IP5 PPH, and accepts PCT-PPH requests based on a favourable written opinion or international preliminary examination report. The basis can be a national work product (claims found allowable by the other office) or a PCT work product.
Requirements
- Claim correspondence. Every Korean claim must sufficiently correspond to a claim found allowable: the same or substantially the same, or narrower by additional limitations. A new category of claim, for example a method where only products were allowed, is not accepted.
- Timing. The request must be filed before KIPO issues its first office action. It can be filed with the examination request or later.
- Examination request. Examination must have been requested.
Documents
- The allowable claims and the office actions of the other office, with translations into Korean or English where needed.
- Non-patent literature cited by the other office.
- A claim correspondence table, which we prepare.
Fees and effect
A PPH request is filed as a request for expedited examination and carries the same official fee. In return, the case is examined ahead of the normal queue. If the Korean claims need amending to match the allowed claims, we do so in the same filing.
PPH at national phase entry
If the international search or preliminary examination found claims allowable, tell us when you instruct the entry: we can amend the Korean claims to match, request examination and file the PCT-PPH request together.
Questions
Does Korea accept PPH requests?
Yes. The Korean Intellectual Property Office runs PPH programmes with many offices, including the Global PPH and the IP5 PPH, and accepts PCT-PPH requests.
When must a PPH request be filed in Korea?
Before the first office action is issued. Examination must have been requested.
What claim correspondence is required?
Each Korean claim must be the same as or substantially the same as an allowable claim, or narrower through additional limitations. A new claim category is not accepted.
Is there a fee for PPH in Korea?
A PPH request is filed as a request for expedited examination and carries the same official fee.
