Early Publication and Application Publication Steps for Korean Patents
In general, when a Korean patent application is filed, the Korean Intellectual Property Office publishes the application in the Korean Patent Gazette one year and six months after the filing date.
If a third party infringes on the invention of an application that has not been published, there is no sanction method. If a third party infringes on the invention of an application that has been published, a warning can be issued, and the right to compensation arises from then on.
Therefore, if there is a third-party practice before the application is filed and disclosed, you can only be protected by applying for early disclosure and disclosing the application.
You can apply for early disclosure at the same time as filing the application. If you file for early publication, the application will usually be published 4-5 months after the filing date. Nowadays, it is common for an invention to be practiced immediately after filing a patent application, so it is desirable to apply for early disclosure in advance to disclose the application in order to have legal protection.
However, if you do not intend to conduct a practical business until the normal application disclosure period (1 year and 6 months), it is recommended that you do not apply for early disclosure and keep it secret.
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
OUR SERVICES
Patent
We specialize in securing patents that provide tangible value for foreign companies entering the Korean market, and we provide comprehensive guidance on all aspects of your patent portfolio. Our dedicated patent team handles a wide range of services, including patentability assessments, drafting, filing, and prosecution of patent applications, Freedom-to-Operate analyses, infringement analyses, second opinions, oppositions, litigation support, and patent monitoring.
With some of Korea's most experienced and professional patent attorneys, our team covers various technology domains. We take pride in being one of Korean IP Law Firm with a high patent registration success rate.
At DAEILPAT, our primary focus is to secure patents that contribute real value to your business. To achieve this, we take the time to understand your company and the competitive landscape in which you operate. This enables us to develop a tailored protection strategy that aligns with your specific needs. In addition to our expertise in patents, our professionals are well-versed in Design Rights. If necessary, we can create a customized protection strategy using a combination of patents and designs to safeguard your intellectual property effectively.
Learn more about Patents Application and Protection in Korea
Strategic Advice
In addition to providing consultation services on specific patent rights, we offer strategic advice to foreign companies entering the Korean market regarding their patent portfolios. Our strategic advice encompasses a wide range of key issues, including:
- Invention Scouting
- Trade Secrets and Pitfall Avoidance
- International Protection
- Infringement Identification and Enforcement
- Competitor Patent Monitoring
- Patent Portfolio Optimization
- Patent Department Organization
- Outsourcing Patent-Related Tasks
At DAEILPAT, we understand the unique challenges faced by foreign companies entering the Korean market, and our strategic advice aims to support your patent portfolio goals, enhance your competitive position, and maximize the value of your intellectual property assets.
