Page title background (PC version)Page title background (mobile version)

Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

Attorney specializing in patents, what is the formality examination in a patent application?

Legal IntellectualViews48,611

I am preparing to file a patent application, and I have learned that the procedure is more complicated and demanding than I expected. My company does not have such a legal specialist, so I have no idea where or how to begin, and I am quite at a loss. In particular, I found that a formality examination is conducted before a patent is examined in earnest. What is this? I would like to seek advice from an attorney specializing in patents.

Attorney specializing in patents

Intellectual property

A

Answer to Related Inquiry

As you asked, for an invention to be registered as a patent or utility model, it must go through an examination process.

However, before entering into the technical and industrial examination of the applied-for patent, a ‘formality examination’ that checks for legal defects is conducted.

The application division of the Korean Intellectual Property Office, which received the application, first examines whether the application documents conform to the procedural requirements prescribed by industrial property laws, and this is the formality examination.

If the formality examination reveals defects such as insufficient fees or defects under the law, an amendment is requested through a request for amendment and the like.

Where the defect cannot be corrected even through amendment, the application itself may be disposed of as invalid.

The main subjects of the formality examination are as follows.

▶ The legal capacity of minors and others

▶ Matters of special authorization of an agent

▶ The formalities prescribed by law

▶ Payment of fees

To review such detailed matters, it is advisable to obtain the help of an attorney specializing in patents.

If the application is disposed of as invalid or returned in the formality examination or the examination of basic requirements, the application is deemed never to have been filed from the outset.

Therefore, even if you amend and re-file based on the technical content of an application that was disposed of as invalid, the later application that was disposed of as invalid or returned does not become the prior application.

Because detailed legal preparation is needed even in the formality examination, it is advisable to prepare with the assistance of an attorney specializing in patents.

Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 240
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Intellectual Property Rights Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk