Restoration of Rights Procedure in the Korean Patent System

The Korean Patent Act has extremely strict regulations regarding the restoration of priority rights. Once the critical deadline is missed, there is no remedy.

Restoration based on "good cause"

• According to Article 67-3 of the Korean Patent Act, as amended on October 19, 2021, if a patent applicant fails to meet a deadline due to unforeseen circumstances (such as sudden hospitalization during a pandemic) despite exercising due care, they may request reinstatement within two months from the date the cause has been eliminated. However, this does not apply if more than one year has passed since the expiration of the deadline. To satisfy the reinstatement request, the applicant must pay the reinstatement fee, complete any missed procedures, and state the reasons in the request.
• Applicable situations include missing the deadline for filing a request for examination and missing the deadline for filing a request for reexamination.

Circumstances where priority rights are not restored

• For patent applications filed with the KIPO more than 12 months after the priority date, the priority right cannot be restored, even if due diligence is exercised. This does not apply to Korean patent applications, PCT international applications, or Korean national phase applications in which the priority right has been restored during the international phase. In other words, the KIPO does not accept any requests for restoration of priority, regardless of whether it is acting as a national office, a PCT receiving office, or a PCT designated office.