PCT applicants who filed for a Korean patent had to submit translated documents of their international patent application within 30 months from the priority date. After March 3, 2006, this period has been extended to 31 months, allowing KIPO to secure a more stable national phase entry term.
The national phase entry term for PCT applications was 30 months from the priority date. Applicants residing in foreign areas had to receive the international preliminary examining report within 28 months from the priority date, and then designate a Korean agent to submit translated documents within 2 months.
KIPO considered that the 30 month period is not enough time for applicants to complete all procedures. Starting from March 3, 2006, KIPO amended the related laws to allow applicants an extended period of 3 months, after they receive the international preliminary examining report, to review the potential of acquiring a Korean patent, as well as time to consider business opportunities for the invention. (The amended rules are limited to international applications where the 30th month from the priority date is after March 3, 2006) The amendment is expected to make foreign applications more convenient.
* Patent Cooperation Treaty (PCT)
- An international treaty concerning the unification of foreign patent application procedures. PCT had become effective on January 24, 1978. Currently, 128 countries have entered this treaty.
- Korea had entered this treaty on May 10, 1984, and started an international application service after 3 months (August 10).
- The PCT application procedure is divided into the following stages:
1.Receipt of the international application by the receiving office.
2.Preceding technology search by an international searching authority (ISA),
3.Preliminary decision for patentability by the international preliminary examining authority (IPEA),
4.Decision to grant a patent by the designated office (National Phase)
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