Korea Publishes Guide to Patent Priority Examination

Korea's Ministry of Intellectual Property (MOIP) issued a press release on 2 November with an attached guide to requesting priority examination, version of 1 November 2026, a 46-page PDF for patent and utility model applicants. It brings together who may apply and on what grounds, supporting documents, completed examples of the explanatory statement and FAQs, and also covers super-accelerated examination. The eligibility changes in the revised notice in force since 1 November are summarised in Chapter I of the guide and are not repeated here.

How a request works

1. Only applications for which examination has been requested qualify; examination can be requested together with priority examination.
2. Find the matching ground in the notice and prepare evidence that reflects the facts.
3. Complete the request and the explanatory statement: Form 5 of the notice for ordinary priority examination, Form 6 only for super-accelerated examination, and Form 3 for the Patent Prosecution Highway.
4. File online, at a counter or by post, and pay the fee by the day after the receipt number is issued.
5. The examiner decides within seven days of the request reaching the examiner after the formality check. Ordinary priority examination then starts by the end of the month in which two months from the decision fall; super-accelerated examination starts within one month.

Fees and refunds

The fee, including for super-accelerated examination, is KRW 200,000 for a patent and KRW 100,000 for a utility model. SMEs within three years of starting business get 70 per cent off for patent applications, up to ten a year, for requests made by 31 December 2027. If the request is refused, or withdrawn or abandoned before the decision, KRW 160,000 is refunded for a patent and KRW 80,000 for a utility model where the full fee was paid; refunds are proportionally lower after a reduction.

Common reasons for a request to supplement

For own working: only a business registration or service brochure, only 3D renderings instead of photos of the real product, no table comparing the claimed invention with the product, or only letters of intent or unsigned contracts. For advanced technology: citing the announced CPC classes without proving the applicant requirements. The guide warns that fake photos or documents made with generative AI and presented as real lead to a request to supplement or to rejection of the request. Requests filed by 31 October stay under the old rules and cannot switch to new or amended grounds even when supplemented later; a fresh request is needed after withdrawal or rejection.

J&C recommends that applicants seeking priority examination in Korea draw up a document list for each filing route, such as photos of the actual product, a comparison table and signed contracts for own working, or proof of the applicant requirements for advanced technology, and then go through the pre-filing checklist in Chapter III of the guide.

Source: www.moip.go.kr | www.moip.go.kr | www.moip.go.kr