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Patent Application Filing Procedures
Foreign Filing Strategy
To secure patent protection abroad, an applicant must, within 12 months from the Korean filing date (the priority period), either file directly in the desired foreign jurisdictions or file an international application under the PCT.
1. Direct National Filing (under the Paris Convention)
- This route is generally preferable where protection is sought in only one or two countries and the target jurisdictions have already been identified.
- In such cases, it may be advantageous to file directly with the relevant foreign national or regional patent offices within one year from the initial filing date, while claiming priority under the Paris Convention.
2. PCT Filing
- This route is generally preferable where the target countries have not yet been decided, or where additional time is needed to assess commercial potential or secure the necessary patent budget.
- After filing a PCT application, the applicant may defer the decision on the countries in which protection will be pursued until the deadline for national phase entry, which is generally 30 or 31 months from the Korean filing date. This can provide roughly 18 additional months compared with direct foreign filing.
