The 12-month period
The Korean application must be filed within 12 months of the earliest application whose priority is claimed. The Patent Act sets no exception to this period.
Claiming priority
Priority is claimed in the application form, with the country and the date of the earlier application. Within 16 months of the earliest priority date, priority claims can be corrected or added.
The priority document: 16 months
A certified copy of the earlier application must reach KIPO within 16 months of the earliest priority date. If it does not, the priority claim lapses.
DAS and access codes instead of a certified copy
For offices that exchange priority documents electronically with KIPO, a certified copy is not needed: the application number and the access code given by the first office are enough, and can be entered directly in the application form. Send us the access code with your instructions.
Translations
A translation of the priority document is needed only if the examiner asks for one, for example to check an intervening citation.
Divisional and converted applications
For a divisional or a converted application, the priority documents can be filed within three months of filing it, even if the 16 months have passed.
PCT applications
For a PCT national phase entry, the priority document furnished in the international phase under PCT Rule 17 is used, and does not need to be filed again in Korea.
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Questions
What is the deadline for priority documents in Korea?
16 months from the earliest priority date. If the document does not reach KIPO by then, the priority claim lapses.
Is a DAS access code accepted in Korea?
Yes. For offices that exchange priority documents electronically with KIPO, the application number and the access code replace the certified copy.
Can a priority claim be added after filing in Korea?
Yes, within 16 months of the earliest priority date, if the Korean application was filed within 12 months of that earlier application.
Is a translation of the priority document required?
Only if the examiner asks for one.
Legal basis
- Patent Act, Art. 54 — 12 months (para. 2), claim (para. 3), documents or access code (para. 4), 16 months (paras. 5 and 6), correction and addition (para. 7)
- Enforcement Rule of the Patent Act, Art. 25 — electronic exchange countries, access code in the application form, translation on request
- Patent Act, Art. 52, Patent Act, Art. 53 — divisional and converted applications (para. 6)