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Advantages of filing a PCT international patent application in Korea, not in your home country



Filing a PCT international patent application in Korea offers several advantages, and DAEILPAT proposes a strategy to reduce the cost of the application for clients by utilizing the system of the Korean Intellectual Property Office.



How much does an international patent application cost?


International patent costs can escalate quickly. When pursuing patents in foreign countries, it is essential to consider the associated expenses. Foreign patents generally cost significantly more than expected.


Obtaining an international patent involves engaging with foreign patent attorneys who will represent you in each foreign country. The initial costs of filing the patent application in foreign jurisdictions are just the beginning. As we primarily work with startup clients, we are constantly searching for ways to help our clients save money.


It is important to note that the exact cost of an international patent application can vary depending on several factors. These factors may include the number of countries or regions in which you seek patent protection, the complexity of the invention, the services provided by the IP attorneys, and any additional fees associated with the patent application process in each country.


If the number of foreign patent filings is high, PCT filings can be a good way to save money. And there are ways to save a little bit more on PCT filings.





What factors affect the cost to file a PCT international patent application?


The cost to file a PCT (Patent Cooperation Treaty) patent application can be influenced by several factors. These factors primarily include ㅔpatent attorney's fees and government fees. The specific amount for patent attorney's fees can vary significantly depending on the law firm or patent attorney handling the application and the complexity of the work involved.


Attorney's fees are typically charged for the services provided by a qualified patent attorney or law firm. These services may include conducting a prior art search, preparing the patent application, drafting claims, and navigating the PCT filing process. The attorney's fees will vary based on factors such as the attorney's experience, reputation, and geographic location.


Government fees, on the other hand, are charged by the relevant governmental patent office where the PCT application is filed. The amount of these fees can differ depending on the specific patent office chosen for filing. Each patent office sets its own fee structure, and it may vary based on factors such as the applicant's nationality, the number of claims, and the pages included in the application.


Therefore, when calculating the total cost to file a PCT patent application, you would need to consider both the attorney's fees and the governmental fees associated with the chosen patent office. It's important to note that these costs can vary significantly depending on individual circumstances and should be discussed with a patent attorney or law firm to obtain an accurate estimate.






Advantages of filing a PCT international patent application in Korea


When it comes to conducting a prior art search for patent claims, selecting an International Search Authority (ISA) is a crucial step. One option that stands out for its affordability is the Korean Intellectual Property Office (KIPO). Compared to other IP offices, KIPO offers lower search fees, including those charged by the United States Patent and Trademark Office (USPTO).


By choosing KIPO as the ISA, applicants can save a significant amount of money, potentially in the range of a few hundred dollars. This cost advantage is particularly beneficial for large entities seeking patent protection. The savings associated with selecting the International Search Authorities become even more substantial for these entities.


DAEILPAT is a distinguished IP law firm renowned for its exceptional expertise in handling international intellectual property applications and providing comprehensive protection services.  DAEILPAT handle approximately 130 Patent Cooperation Treaty (PCT) international applications in Korea every year, supporting more than 300 foreign patent cases overall. We takes pride in its commitment to delivering high-quality services while keeping costs reasonable.


Daeil International Patent & Law Firm offers a competitive fee structure for their PCT international application service. Their service fee is set at 0 US dollars, excluding government fees. This pricing ensures that foreign applicants receive cost-effective support without compromising on the quality of services provided.


Overall, the combination of choosing KIPO as the ISA and utilizing the services of Daeil International Patent & Law Firm offers a compelling proposition for foreign patent applicants. We can benefit from the cost advantages offered by KIPO while relying on the expertise and affordable services of DAEILPAT to navigate the PCT international application process effectively.






PCT Applicant’s Guide: Receiving Offices - KIPO


1. Language in which international applications may be filed: English, Japanese or Korean

Language accepted for language dependent free text in the sequence listing: English (recommended) or Korean; or both

Language in which the request may be filed: English, Japanese or Korean

- If the language in which the international application is filed is not accepted by the International Searching Authority (see Annex D), the applicant will have to furnish a translation (PCT Rule 12.3). 


2. Does the receiving Office accept the filing of international applications in electronic form? : Yes, the Office accepts electronic filing via ePCT-filing or PCT-SAFE in XML

- Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (see “Fees payable to the receiving Office”).

- Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4 (a)(ii-bis)).

- For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 28 September 2017, pages 139 et seq.


3. Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)? : No


4. Competent International Searching Authority:Australian Patent Office, Austrian Patent Office, Intellectual Property Office of Singapore, Japan Patent Office (JPO) or Korean Intellectual Property Office

- The Office is competent only for international applications filed in Japanese or for which a translation into Japanese has been furnished under PCT Rule 12.3.


5. Competent International Preliminary Examining Authority: Australian Patent Office, Austrian Patent Office, Intellectual Property Office of Singapore, Japan Patent Office (JPO) or Korean Intellectual Property Office

- The Office is competent only if the international search is or has been carried out by that Office.


6. Is an agent required by the receiving Office?: Yes, if he is a non-resident


7. Who can act as agent?: Any registered patent attorney or legal representative


8. Fees payable to the receiving Office: please click here





Our PCT International Filing Services


At Daeil International Patent & Law Firm, we understand the numerous benefits of filing a PCT international application in Korea. Many foreign companies choose to file their applications here due to the exceptional service provided by the Korean Intellectual Property Office, which serves as one of the PCT receiving offices. Moreover, compared to other advanced countries in intellectual property rights, Korea offers competitive international search fees.


Each year, Daeil International Patent & Law Firm assists numerous foreign patent cases by handling PCT international applications in Korea. We take pride in our commitment to delivering high-quality services at a reasonable cost. Our PCT international application service fee is $(USD)700, ensuring that we provide cost-effective support to foreign applicants.


If you are contemplating filing a PCT international application in Korea, please don't hesitate to get in touch with us. We are dedicated to providing accurate and comprehensive information on PCT international application costs, as well as offering valuable insights into the process.






If you have any questions or needs related to this, please feel free to contact us.




Read more:

- How to apply for an international patents: Direct filing vs PCT

- PCT Application: A Guide to Obtaining Foreign Patents

- Mastering the PCT National Phase: Everything You Should Know

- Advantages of filing a PCT international patent application in Korea, not in your home country

- Understanding Priority Claims for Foreign Patent Applications






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