Lee International

On December 1, 2025, the Ministry of Intellectual Property (MOIP, formerly KIPO) of Korea announced its intention to pursue accession to the Patent Law Treaty (PLT) by 2029.  If achieved, the Korean patent application procedures will become significantly more streamlined and aligned with international standards.

A key change is the simplification of filing date requirements.  Under the PLT framework, only three elements will be required to secure a filing date: (i) an indication that a patent application is being filed; (ii) an indication of the applicant; and (iii) a description of the invention.  Importantly, the description may be submitted in any language, including English or other foreign languages.  A Korean translation can be filed later, allowing foreign applicants to secure a filing date promptly without the initial burden of translation.

Accession to the PLT also obligates member states to provide broad relief for missed deadlines caused by procedural errors.  Korea is therefore expected to introduce mechanisms that: (i) grant an additional grace period when response deadlines are missed; (ii) allow restoration of priority claims even after the priority period has expired; and (iii) restore rights to applications or patents that have lapsed, provided that certain conditions are met.  These changes will be especially beneficial for foreign companies managing patent portfolios across multiple jurisdictions, bringing Korean practice closer to the safeguards available at the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO).

Notarization and certification requirements are also expected to be substantially simplified.  Currently, assignments of patent rights require a certificate of seal impression or a notarized signature.  Under the anticipated reforms, assignments will be permitted with only a handwritten signature, reducing administrative burdens and costs for companies engaged in frequent international IP transactions or inter-company IP transfers.

Moreover, the obligation for non-Korean residents (foreign companies and representatives) to appoint a Korean patent agent will be partially relaxed.  Foreign applicants may proceed without a local representative when filing an application or paying official fees, thereby reducing the initial burden.  However, as is currently the case, the appointment of a Korean patent agent will still be required for actions taken after substantive examination commences.

To ensure the smooth implementation of these institutional changes, the Korean government plans to establish a dedicated task force to prepare revisions to the Patent Act, upgrade administrative and IT systems, and secure organizational and budgetary resources.  Industry consultations will be conducted in parallel, with the goal of formal PLT accession by 2029.

Overall, PLT accession is expected to further align Korea’s patent system with international standards, offering foreign applicants a more predictable, flexible, and efficient procedural environment.  Reduced translation burdens at the initial filing stage, simplified notarization requirements, and expanded avenues for reviving rights due to missed deadlines will lower practical barriers and enhance the efficiency of global portfolio management involving Korea. For foreign companies and representatives considering patent acquisition strategies in the Korean market, these changes are likely to represent a significant turning point.