In Korea, a separate priority examination application process is required to prioritize a patent application over other applications. Priority examination applications are strictly limited.
However, you can apply for priority examination by completing and submitting a prior art investigation report. Priority examination may be granted if the applicant is a start-up or venture company, or if the applicant is practicing or preparing to practice the invention.
Here are the steps to apply for prioritization examination in South Korea:
Determine your eligibility:
Priority examination in South Korea is available under specific circumstances. You must meet one of the following criteria:
-You are a start-up or venture company.
-You are practicing or preparing to practice the invention.
Complete a prior art investigation report:
To apply for priority examination, you need to prepare a prior art investigation report. This report should include a search and analysis of prior art references related to your invention. The purpose of the report is to demonstrate the novelty and inventiveness of your invention compared to existing technologies.
Submit the application:
Once you have prepared the prior art investigation report, you need to submit it to the Korean Intellectual Property Office (KIPO). The application should include the following documents:
- Completed application form for priority examination.
- Prior art investigation report.
- Supporting documents to prove your eligibility (e.g., start-up or venture company certification, proof of practice or preparation to practice the invention).
Pay the required fees:
There are certain fees associated with applying for priority examination. You will need to pay the applicable fees as specified by KIPO. The fees may vary depending on factors such as the type of applicant (start-up, venture company, etc.) and the number of claims in your patent application.
Wait for examination:
After submitting your application and paying the fees, KIPO will review your application for priority examination. They will assess the eligibility criteria and the completeness of the prior art investigation report. If everything is in order, your application will be granted priority examination status.
I recommend consulting with a patent attorney or agent in South Korea to ensure that you meet the eligibility requirements, complete the necessary documents accurately, and navigate the application process smoothly. They can provide specific guidance tailored to your situation and assist you throughout the application process.
FAQ about Korean Patents
If i have a patent in Korea, will my business succeed?
Is BM patent examination different in Korea?
What is the difference between a patent and a utility model in Korea?
What is the Korean Patent Prioritized Examination System?
[Frequently Asked Questions in Pre-Filing Stage for Korean Patents]
Consulting for Korean Patent Application
The Process of Drafting Patent Application Documents
[Frequently Asked Questions during the Korean Patent Examination and Registration Process]
Korean Patent Examination Request Process
Early publication and application publication steps
Steps to apply for prioritization examination in South Korea
What should I do after receiving the Office Action of the Reason for Refusal?
What is a request for re-examination?
What should I do if I receive a patent rejection decision?
Payment of Patent Fees and Registration of Korean Patents
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