KIPO Improves Patent Examination Procedures, Extends Period for Submitting Written Opinions

The Korean Intellectual Property Office (KIPO) is improving the patent examination process to enhance applicant convenience, including extending the period for submitting written opinions.

On July 8, KIPO announced that amendments to the Patent Act and the Utility Model Act, which include these changes, will take effect starting July 11.

Provided by the Korean Intellectual Property Office

The amendments extend the period for submitting written opinions from two months to four months and allow for the deferment of examination for divisional applications.

Previously, the period for submitting written opinions in Korea was shorter than in major overseas jurisdictions. As a result, applicants who were unable to prepare their written opinions within the allotted time had to apply for extensions each month, incurring additional fees.

To alleviate this burden, KIPO decided to extend the period for submitting written opinions to match the standards of major countries?three months in the United States and Japan, and four months in China and Europe. KIPO expects this will reduce both the procedural inconvenience of having to apply for monthly extensions and the financial burden on applicants.

Conversely, if an applicant prepares a written opinion before the end of the submission period, they can receive an expedited examination result by submitting a request to shorten the period along with the written opinion.

With the implementation of the amendments, the deferment of patent examination for divisional applications will also be permitted.

In advanced technology fields such as telecommunications, pharmaceuticals, and biotechnology, it typically takes a significant amount of time to commercialize products, leading to an increasing number of applicants who strategically wish to delay examination.

However, deferment of examination has been restricted for divisional applications, making it difficult to meet applicants' needs. The deferment system allows applicants to delay the timing of examination by submitting a request.

In light of these circumstances, KIPO will permit the deferment of patent examination for divisional applications through the amendments, enabling applicants who file divisional applications to establish strategies for securing patents in line with their product commercialization schedules.

Jung Yeonwoo, Director General of the Patent Examination Policy Bureau, stated, "The amendments reflect the voices of applicants in the field and are measures designed to enhance convenience in the patent process. KIPO will continue to innovate to provide patent administrative services that meet the needs of applicants."