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Key Facts: Byeonrisa Exam

20 years

Patent term from filing

Korean Patent Act Art 88

3 years

Deadline to request examination

Korean Patent Act Art 59

18 months

Laying-open of applications

Korean Patent Act Art 64

12 months

Novelty grace period

Korean Patent Act Art 30

31 months

PCT national-phase entry into Korea

KIPO / PCT

Q-Net

Administering body (HRD Korea, under KIPO)

KIPO / Q-Net

The Korea Patent Attorney (Byeonrisa) Examination is administered through Q-Net (HRD Korea) under the Korean Intellectual Property Office. It comprises a 1st objective multiple-choice examination and a 2nd essay examination. The 1st exam covers industrial property law (Patent Act, Trademark Act, Design Protection Act), introductory Civil Law, and natural science, with a qualifying foreign-language score (e.g., TOEIC 775+) as a prerequisite. Passing the 1st exam generally requires an average near 60 across subjects with no subject below 40. The patent term in Korea is 20 years from filing (Art 88), examination must be requested within 3 years (Art 59), applications are laid open at 18 months (Art 64), and Korea applies an absolute-novelty, first-to-file system. The exam is among the hardest professional qualifications in Korea, with only a small cohort qualifying annually.

Sample Byeonrisa Practice Questions

Try these sample questions to review concepts for the Byeonrisa exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Article 29(1) of the Korean Patent Act, which of the following inventions can still be patented despite the listed event occurring before the filing date?

A.An invention publicly known in Korea before filing

B.An invention worked publicly in a foreign country before filing

C.An invention conceived but never disclosed to the public before filing

D.An invention described in a publication distributed abroad before filing

Explanation: Article 29(1) bars patents for inventions that were publicly known, publicly worked, described in a publication, or made available through telecommunication lines before filing. Korea applies an absolute (worldwide) novelty standard, so foreign disclosure counts. A mere private conception that was never made available to the public does not destroy novelty.

2Article 29(2) of the Korean Patent Act denies a patent where the invention could have been easily made by a person with ordinary skill in the art based on prior art. What requirement does this provision address?

A.Industrial applicability

B.Inventive step

C.Unity of invention

D.Enablement of the specification

Explanation: Article 29(2) codifies the inventive step (non-obviousness) requirement: a patent is refused if a person having ordinary skill in the art could easily have made the invention from inventions under Article 29(1). It is assessed separately from novelty under 29(1).

3An inventor disclosed her invention at a public conference in Korea. To preserve patentability under the grace period in Article 30 of the Korean Patent Act, within what period from the disclosure must she file her Korean patent application?

A.6 months

B.30 days

C.18 months

D.12 months

Explanation: Under Article 30 of the Patent Act, a disclosure by a person entitled to a patent is treated as a non-prejudicial disclosure if the application is filed within 12 months of the disclosure. Korea extended this grace period to 12 months consistent with the Korea-US FTA.

4Under the Korean Patent Act, what is the statutory term of a patent right?

A.10 years from the registration date

B.20 years from the filing date of the patent application

C.15 years from the filing date

D.20 years from the registration date

Explanation: Under Article 88 of the Patent Act, a patent right lasts 20 years from the filing date of the patent application (subject to possible term extension for certain pharmaceutical/agrochemical patents). The term runs from filing, not registration.

5Korea operates a first-to-file system. Under Article 36 of the Korean Patent Act, if two applicants independently file applications for the same invention on different days, who is entitled to the patent?

A.The applicant who first conceived the invention

B.The applicant who filed the earlier application

C.The applicant who first reduced the invention to practice

D.Both applicants share the patent right jointly

Explanation: Article 36 establishes the first-to-file rule: where two or more applications claim the same invention filed on different days, only the earliest applicant may obtain a patent. Korea does not use a first-to-invent standard.

6Under Article 42 of the Korean Patent Act, the detailed description of the invention must be written so that:

A.It discloses only the best mode, with no need to enable

B.It claims every conceivable variation of the invention

C.A person with ordinary skill in the art can readily work the invention

D.It is identical to the abstract

Explanation: Article 42(3) requires the detailed description to be clear and detailed enough that a person with ordinary skill in the art can readily work (carry out) the invention. The claims must also be supported by the description and be clear and concise under Article 42(4).

7Under Article 59 of the Korean Patent Act, within what period from the filing date must a request for examination be filed, failing which the application is deemed withdrawn?

A.1 year

B.3 years

C.2 years

D.5 years

Explanation: Under Article 59 of the Patent Act, a request for examination must be filed within 3 years of the filing date. If no request is made within 3 years, the application is deemed withdrawn. (The period was shortened from 5 to 3 years for applications filed on or after March 1, 2017.)

8Under Article 64 of the Korean Patent Act, when is a patent application laid open (published) to the public absent an early publication request?

A.6 months after filing

B.12 months after filing

C.18 months after the filing date or priority date

D.Only after the patent is granted

Explanation: Under Article 64, a patent application is laid open in the official gazette 18 months after the filing date (or the priority date if priority is claimed). Laying-open enables the applicant to later assert a right to compensation under Article 65 against infringing use after warning.

9After receiving a notice of grounds for rejection, an applicant wishes to amend the claims. Under Article 47 of the Korean Patent Act, which limitation applies to such an amendment?

A.Amendments may freely add new matter not in the original specification

B.Amendments may only narrow the abstract

C.Amendments are never permitted after a notice of grounds for rejection

D.Amendments must not go beyond the scope of the matter disclosed in the originally filed specification or drawings

Explanation: Under Article 47, an amendment must stay within the scope of the matter described in the originally filed specification, claims, or drawings; adding new matter is prohibited and is a ground for rejection. Article 47 also restricts the timing of amendments to specified periods during prosecution.

10Under the Korean Patent Act, a divisional application under Article 52 must satisfy which condition?

A.It may claim subject matter never disclosed in the original application

B.It automatically receives a new filing date unrelated to the parent

C.It must be divided from matter included in the originally filed specification or drawings of the parent application

D.It can only be filed after the patent grant

Explanation: Under Article 52, a divisional application must be carved out of two or more inventions included in the originally filed specification or drawings of the parent application, and it is treated as filed on the parent's filing date (benefit of the original filing date). It cannot introduce new matter.

About the Byeonrisa Exam

The Korea Patent Attorney Examination (byeonrisa) is the national qualifying exam to become a registered patent attorney in Korea. It has a 1st objective (multiple-choice) examination and a 2nd essay examination, administered through Q-Net (the Human Resources Development Service of Korea) under KIPO. The 1st exam tests industrial property law (the Patent Act, Trademark Act, and Design Protection Act), introductory Civil Law, and natural science, with a foreign-language score required to sit. It is one of Korea's most competitive professional examinations.

Exam sponsor: Korean Intellectual Property Office (KIPO) / Q-Net (Human Resources Development Service of Korea). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Question count not published by the exam provider

Time Limit

Timed by subject (1st exam); separate essay sessions (2nd exam)

Passing Score

Average ~60 across subjects, with no subject below 40 (1st exam)

Exam / Certification Fees

Set by Q-Net (HRD Korea); confirm at q-net.or.kr

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

26%

Korean Patent Act

Patentability under Article 29 (novelty, inventive step, industrial applicability), grace period (Art 30), first-to-file (Art 36), specification and claims (Art 42), patent term 20 years from filing (Art 88), scope of rights and claim interpretation (Art 97), infringement, indirect infringement (Art 127), and remedies (Arts 126-128)

18%

Trademark Act

Distinctiveness and acquired distinctiveness (Art 33), grounds for refusal (Art 34), registration (first-to-file) system, 10-year renewable term, infringement (Art 108), limits on rights (Art 90), opposition, non-use cancellation (Art 119), invalidation (Art 117), and Nice classification

18%

Civil Law (as tested)

Capacity and minors, juristic acts (Arts 103, 110), agency and unauthorized representation, obligations and default, contract formation, simultaneous-performance defense (Art 536), tort (Art 750), unjust enrichment (Art 741), extinctive prescription, real rights and registration of immovables (Art 186), and the good-faith principle (Art 2)

14%

Industrial Property Procedure & Response

Request for examination (Art 59), notice of grounds for rejection and response (Art 63), amendments (Art 47) and dismissal of amendment (Art 51), divisionals (Art 52), IPTAB invalidation (Art 133), scope confirmation (Art 135), correction (Art 136) and appeal against rejection (Art 132-17), and appeals to the Patent Court

14%

Design Protection Act

Registrability requiring novelty and creativity (Art 33), partial designs, related designs, secret designs, the partial-examination registration system with post-registration opposition, 20-year design term from filing, and determination of design scope by overall aesthetic impression

10%

International IP Treaties

Paris Convention priority (12 months patents, 6 months designs/trademarks) and national treatment, PCT national-phase entry into Korea at 31 months with a Korean translation, Madrid Protocol for trademarks, and the Hague Agreement (Geneva Act) for designs

Preparing for the Byeonrisa Exam

What You Need to Know

Passing score: Average ~60 across subjects, with no subject below 40 (1st exam)
Assessment: Question count not published by the exam provider
Time limit: Timed by subject (1st exam); separate essay sessions (2nd exam)
Exam / certification fees: Set by Q-Net (HRD Korea); confirm at q-net.or.kr Official sources

Using Our Practice Resources

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Byeonrisa: Suggested Study Strategy

1Memorize core Patent Act articles: Art 29 (novelty/inventive step), Art 30 (12-month grace period), Art 36 (first-to-file), Art 59 (3-year exam request), Art 64 (18-month laying-open), Art 88 (20-year term)

2Map the IPTAB trial types precisely: invalidation (Art 133), scope confirmation (Art 135), correction (Art 136), and appeal against rejection (Art 132-17), and the appeal route to the Patent Court (Daejeon) then the Supreme Court

3For the Trademark Act, distinguish Art 33 distinctiveness from Art 34 grounds for refusal, and know the 10-year renewable term and 3-year non-use cancellation under Art 119

4For designs, know novelty plus creativity (Art 33), the partial-examination system, and the partial, related, and secret design types

5Drill the Civil Law general provisions tested with patents: capacity, juristic acts (Arts 103/110), agency, obligations, tort (Art 750), unjust enrichment (Art 741), and prescription periods

6Lock in treaty numbers: Paris priority of 12 months (patents) and 6 months (designs/trademarks), PCT national phase 31 months into Korea, plus Madrid (marks) and Hague (designs)

7Practice timed multiple-choice sets and review every wrong answer against the governing statute, because the 1st exam disqualifies on any single subject below the floor

Frequently Asked Questions

What is the Korea Patent Attorney (Byeonrisa) Examination?

It is Korea's national qualifying examination to become a registered patent attorney (byeonrisa). It consists of a 1st objective multiple-choice examination and a 2nd essay examination, administered through Q-Net (the Human Resources Development Service of Korea) under the Korean Intellectual Property Office (KIPO).

What subjects are on the 1st (multiple-choice) exam?

The 1st exam covers industrial property law (the Patent Act, Trademark Act, and Design Protection Act), introductory Civil Law, and natural science, with a foreign-language score required as a prerequisite to sit. Industrial property law and Civil Law are the principal legal subjects.

How is the 1st exam scored and what is the passing standard?

Candidates generally need an average around 60 across subjects with no individual subject scoring below 40. A score below the floor in any single subject disqualifies the candidate regardless of the overall average.

Who administers and schedules the exam?

KIPO owns the patent attorney qualification, and the Human Resources Development Service of Korea (Q-Net) handles administration, including registration, test delivery, and scoring. Candidates register through the Q-Net portal.

What is the patent term and examination timeline in Korea?

A Korean patent lasts 20 years from the filing date (Art 88). A request for examination must be filed within 3 years of filing (Art 59), and applications are laid open 18 months after filing or priority (Art 64). Korea uses an absolute-novelty, first-to-file system.

Are these official KIPO or Q-Net questions?

No. These 100 free questions are independent study aids built on the actual law tested (the Korean Patent, Trademark, and Design Protection Acts, Civil Law, procedure, and IP treaties). Always verify current rules on KIPO and Q-Net before sitting the exam.

Free Practice Questions for Byeonrisa

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