Can the priority right of a Korean invention patent application be restored?

Submitted by 页之码 on

Restoration of priority will not be accepted.

专利申请流程

    • Grant fee: The applicant should pay the annual fee for the first to third year within 3 months after receiving the notification of granted decision
    • Annuity: Begin to pay year by year from the 4th year, overdue payment can be made within the 6-month grace period after the due date, but a penalty shall be paid, and the amount of the penalty shall not exceed twice the granted fee.
  • 2-3 years

  • If the following situations occur 12 months before the patent application/priority date by the inventor, applicant or assignee:

    • By correspondence, or publicly at national or international exhibitions
    • Disclosure due to malicious disclosure by a third party

      The novelty grace period can be enjoyed, and the applicant needs to submit corresponding evidence support when submitting the application.

  • Restoration of priority will not be accepted.

  • For the design of partial substantive examination, multiple designs can be included in one design application, but the designs must belong to the same class in the international design classification.

  • Filing Language: Korean

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Power of Attorney
    2. Priority certification document and its Korean translation
    3. Declaration of Ownership/Certification of Employment/Assignment of priority
    4. Assignment for Patent Right Transfer
  • yes. It is possible to change the patent type from utility model to invention within 30 days of receiving the grant/rejection decision, and pay the corresponding fee.

  • If the following situations occur 12 months before the patent application/priority date by the inventor, applicant or assignee:

    • By correspondence, or publicly at national or international exhibitions
    • Disclosure due to malicious disclosure by a third party

      The novelty grace period can be enjoyed, and the applicant needs to submit corresponding evidence support when submitting the application.

  • A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.

  • Filing Language: Korean

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Power of Attorney
    2. Scanned Copy of Certified Priority Document / DAS
    3. Declaration of Ownership/Certification of Employment/Assignment of priority
    4. Assignment for Patent Right Transfer
    5. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Korean national phase 19/28/34/41 amended
    4. Power of Attorney
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer