Starting in 2029, patents can be filed in all languages, not only in Korean and English. In addition, when conducting a patent right transfer, the process can be completed with a handwritten signature without submitting a seal certificate, which is expected to significantly reduce notarization and certification burdens.
The Intellectual Property Office said on the 1st it will push to join the Patent Law Treaty (PLT) to help Korea's corporations secure overseas patent rights and remove unnecessary regulations.
The Patent Law Treaty is an international agreement established to standardize patent procedures globally and provide remedies for mistakes that can occur during filing, and 43 countries, including the United States, Japan and the United Kingdom, currently participate. This accession was also included in the joint explanatory material released after the Korea-U.S. summit last year.
Intellectual Property Office Commissioner Kim Yong-seon said at a briefing that "we have pursued accession to the Patent Law Treaty, but it is true that it stalled due to communication with stakeholders, including patent attorneys, and burdens related to administrative expense and staffing," adding, "with the launch of the new administration, we decided on this accession to break regulations and ease inconveniences for petitioners."
The biggest change from joining the Patent Law Treaty is the simplification of filing procedures. Going forward, the filing date will be recognized if you have just three things: an expression of intent to file a patent, applicant information, and a description of the technical content. Even without preparing all the complex documents as is required now, it will be possible to secure rights quickly.
Language restrictions for filings will also be removed. Currently, filings are allowed only in Korean and English, but after accession, filings will be possible in any language. However, a Korean translation must be submitted later.
There will also be a remedy for situations where rights are lost due to missing deadlines. Even if the period for submitting opinions or the deadline for claiming priority is missed by mistake, rights can be restored if certain requirements are met. In fact, more than 85% of recent requests for patent restoration have come from individuals or small and midsize enterprises, so the benefits of the reform are expected to be concentrated on them.
Various paperwork burdens will also be reduced. Until now, in important procedures such as patent right transfer, a seal certificate, or in the case of a person residing overseas, signature notarization had to be submitted, but the system will change so that a handwritten signature alone will suffice. However, if the authenticity of the party is in doubt, notarization or certification may be exceptionally required.
Also, currently a person residing overseas must appoint a domestic agent from the filing stage, but once the system changes, the person may directly handle filing and fee payment. After filing, appointment of an agent will be required as before, and identity verification must be completed for electronic filing.
The Intellectual Property Office plans to launch a dedicated task force (TF) targeting accession in 2029 and to push in earnest for the necessary legal amendments, system improvements, and securing of personnel and budget. It also plans to communicate closely with related industries and incorporate on-site opinions into the system.
Commissioner Kim Yong-seon said, "the Patent Law Treaty is the first international agreement accession pursued since the launch of the Intellectual Property Office and will be a turning point that dramatically improves regulations that have acted as obstacles to turning domestic corporations' research achievements into patents," adding, "we will actively support strengthening the global competitiveness of our corporations by shortening examination periods and providing high-quality examinations."