Q. We would like to know whether a request to enter Korea national phase must pay the examination fee upon filing.

A. It is possible to file a Request for Examination even after (i) entering the national phase and (ii) filing a patent application, in Korea. That is, an applicant may defer the Request for Examination at the time of filing and thus it is not necessary to pay the examination fee upon filing.

An applicant may file the Request for Examination by (i) three (3) years from the international filing date (PCT route by entering the national phase) and (ii) three (3) years from filing date of the Korean patent application (Direct route by claiming a priority under Paris Convention) by paying the examination fee, according to Art. 59(2) of Korean Patent Act. Article 59 (Requests for Examinations of Patent Applications) (1) A patent application shall be examined only upon a request for examination. (2) Any person may file a request for examination of a patent application with the Commissioner of the Korean Intellectual Property Office within three years from the filing of the patent application: Provided, That no patent applicant shall file a request for examination of the patent application in either of the following cases: 1. If the patent applicant fails to state the claims in the specification; 2. If the patent applicant fails to submit a Korean translation under Article 42-3 (2) (limited to patent applications filed in a foreign language). (3) A legitimate right-holder who has filed a patent application, divisional application, or converted application under Article 34 or 35 may file a request for examination of the application within 30 days from the filing of the patent application, divisional application, or converted application, even after the expiration of the period specified in paragraph (2). (4) No request for examination of an application shall be withdrawn. (5) If no request for examination of an application is filed during the period set for filing a request for examination of the application under paragraph (2) or (3), the patent application shall be deemed withdrawn.