When an inventor is about to publish a paper or pitch to investors, there often is not enough time to draft a formal patent specification. Korea has a tool for exactly this situation: the temporary specification filing, sometimes called a Korean provisional. With nothing more than research notes, papers, slide decks, or PDF drawings, you can secure a filing date and complete the formal specification later.
The system was introduced on March 30, 2020 by amendment of the Patent Act Enforcement Rule Article 21(5). It resembles the US Provisional Application in spirit, but the legal structure is different. This guide covers how to use the Korean temporary specification, deadlines to watch, common traps, and how it compares with the US provisional.
What the Temporary Specification Is
The temporary specification is a description of the invention submitted without following the official Form No. 15. Accepted file formats include PDF, DOC, DOCX, PPT, PPTX, HWP, JPG, and TIF. That means an academic paper, a research notebook, a pitch deck, or even product photographs can be attached as the specification.
Unlike the US system, a Korean temporary-specification filing is not a separate provisional track. It is a regular Korean patent application with a free-form specification attached. As long as a formal specification is supplied within the deadline, the original filing date sticks.
Two Ways to Complete the Filing
After filing the temporary specification, the claims and a proper specification must be supplied. There are two routes. Either submit a claims amendment within 14 months from the filing date or earliest priority date under Article 42-2(2) of the Korean Patent Act, or refile under Article 55 (domestic priority claim) within 12 months from the filing date.
The right route depends on whether new content has been added since the temporary filing. If new technical material has emerged, domestic-priority refiling preserves the original date for the original disclosure and gives the new content its own benefit. If only minor cleanup is needed, the simpler claims-amendment path is cheaper.
| Item | Claims Amendment | Domestic Priority Refiling |
|---|---|---|
| Statute | Patent Act Art. 42-2(2) | Patent Act Art. 55 |
| Deadline | Filing or priority + 14 months | Filing + 12 months |
| New matter | Not allowed | Allowed (new portion gets new date) |
| Original application | Continues as the same case | Auto-withdrawn 15 months after filing |
| Fees | No additional filing fee | New filing fee applies |
When This Tool Shines
The core value is securing a filing date quickly. In practice, the situations where this is most useful are clear.
- A conference talk or paper submission is one or two weeks away and a formal specification cannot be ready in time
- A standards meeting or trade show is imminent and you need a filing number on hand
- An investor meeting or government R&D grant requires a filing certificate immediately
- An R&D group wants to file English slides or a paper PDF without first translating into Korean
- A startup wants to limit upfront cost and decide on full prosecution after market validation
According to KIPO, 2,534 patent and utility model applications used the temporary specification between March and October 2020, averaging around 360 per month. Among large-company filings, 53% used English-language temporary specifications, showing how the system supports global standards activity.
Where the System Bites
Free-form does not mean low-content. The Enforcement Rule waives the form requirement, but Article 42(3) of the Patent Act still requires the description to enable a person skilled in the art to practice the invention. A one-slide summary of an idea may fail this test, in which case the filing date itself can be denied.
Anything added when the formal specification is filed is treated as new matter relative to the temporary specification. If a piece of prior art emerges between the temporary filing and the completion, only the original disclosure benefits from the early date; the new portion is judged from the completion date.
Korean Temporary Specification vs US Provisional
The names sound similar, but the structures differ. A US Provisional Application under 35 U.S.C. §111(b) requires a separately filed Non-provisional Application within 12 months and is automatically abandoned after that. A Korean temporary-specification filing is a regular application that survives once it is properly completed.
| Item | Korean Temporary Specification | US Provisional |
|---|---|---|
| Statute | Korean Patent Act Art. 42-2; Rule 21(5) | 35 U.S.C. §111(b) |
| Application type | A regular Korean application | Separate provisional track |
| Completion method | Claims amendment or domestic-priority refiling | File a separate non-provisional |
| Deadline | 14 months (amendment) or 12 months (priority) | 12 months (no extension) |
| Effect of missing deadline | Auto-withdrawal | Auto-abandonment, narrow 14-month restoration |
| Language | Korean or English | English |
| Fee | Same as a regular Korean filing | Lower fixed fee (USD 60 to 300 by entity size) |
Cost and Workflow
There is no separate "temporary filing fee" in Korea. The official fee equals the regular electronic filing fee of KRW 46,000, with no per-claim surcharge if claims are not yet present. Attorney fees vary, but because the formal specification has not yet been drafted, the engagement fee is typically about one-third of a regular filing.
- Step 1
- Prepare temporary specification PDF, PPT, paper; meet enablement
- Step 2
- File electronically Filing date and number assigned immediately
- Step 3
- Complete within 12 or 14 months Claims amendment or domestic-priority refiling
- Step 4
- Examination request Within 3 years from filing
Frequently Asked Questions
Q. Can I file with no claims at all?
Yes. The temporary specification can be filed without claims. Claims must be added within 14 months by amendment, or under a domestic-priority refiling within 12 months.
Q. Can I file just one PowerPoint slide?
Technically possible, but unwise. A single slide with the core idea risks failing the enablement requirement, which can void the early filing date or block additions later as new matter. The description must let a skilled person make and use the invention.
Q. Can I file in a foreign language?
Korea has accepted foreign-language specifications since 2015, but only English is allowed. An English paper or English slides can be filed as a temporary specification. A Korean translation must be supplied during completion, and the translation cannot exceed the scope of the original.
Q. Can I get a filing certificate from a temporary specification?
Yes. Once the filing date is recognized, a filing number is issued and an official filing certificate can be obtained, usable for grant applications, government incentives, and investor due diligence.
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