Q1. What factors should be considered for urgent filings?

The applicant code for an applicant or a right-holder is a number assigned by the Korean Intellectual Property Office (KIPO) to identify the applicant or the right-holder. If the applicant does not possess an applicant code, a request for one should be submitted before proceeding with any other steps. Typically, it takes 1-3 days to obtain an applicant code. Please be mindful of this requirement if you or your client are new to the KIPO.

Q1. When is a petition for revoking a patent or utility model permissible?

The previous opposition system has been abolished, and now a petition for revoking a patent or utility model is available for six months after the date of the public notice of registration for the patent or utility model. The petition procedure is document-based (excluding meetings or hearings) and does not involve a plaintiff-defendant relationship since it is an extended procedure of patent prosecution. Additionally, the dismissal of the petition cannot be contested.

Q2. How does the petition differ from a trial to invalidate a patent or utility model?

The trial procedure is conducted by the Korean Intellectual Property Trial and Appeal Board and is document-based but may include hearings if necessary. The trial involves a plaintiff and a defendant, with the latter being the right-holder of the patent. The dismissal of the trial can be disputed through further appeals before the Patent Court and the Supreme Court.

Q3. Is a Power of Attorney required?

A Power of Attorney duly executed by you (or your client) is typically necessary. Unless it is a “General” Power of Attorney, it may be sent to us via email. Please refer to the link: /downloadable-docs/

Q4. Is the original PCT text of the patent or utility model required?

No. Under Korean patent practice, a KIPO examiner only considers the Korean translation, not the original PCT text, unless there is a specific translation error.

Q5. What are the associated costs?

The petition involves a professional fee and an official fee as outlined in our schedule of fees. The professional fee is charged on a time-spent basis at hourly billing rates. Please refer to the link: /service-fees/

Q1. When is proof of address necessary?

The KIPO always identifies a firm by its business name and address. If the address changes, issues may arise. For instance, if the applicant’s address on the PCT publication differs from the address held by the KIPO for a previous Korean application or a Korean national entry, the PCT application’s Korean national entry cannot proceed without proof of the applicant’s change of address.

Q2. What should the proof include?

The proof should contain the applicant’s business name, previous address, and new address.

Q3. Is notarization required?

Yes. The KIPO only accepts NOTARIZED proof of address change. The notarization must be valid in your jurisdiction. If the notarization is not in English or Korean, please also provide an English or Korean translation. We understand that notarization can be inconvenient; however, the KIPO strictly adheres to the Enforcement Decree and Rule of the Korean Patent Act.

Q4. Is notarization necessary even if the proof is issued by the government?

The proof document submitted to the KIPO must be notarized by a notary public, EVEN IF it is issued by your country’s government.