Korean Patents: What should I do if I receive a patent rejection decision?
If the applicant submits a response and correction within the specified period to resolve the examiner's reasons for rejection, the examiner will reexamine the application based on the response and correction. In this case, the examination is to determine whether the reasons for rejection have been resolved and to determine whether other reasons for rejection exist.
If the examiner finds that any of the original grounds for rejection exist, the examiner will issue a patent rejection, which is a decision that the application is unpatentable, and notify the applicant. A patent rejection is an examiner's decision that a patent application is unpatentable.
If the applicant does not agree with the reasons for the examiner's rejection, the applicant may file a request for reexamination or an appeal of the rejection with the Patent Trial and Appeal Board within 30 days of service of the rejection on the applicant.
After receiving a patent rejection decision in Korea, there are several steps you can take to address the situation. Here are some recommended next steps:
Review the rejection decision:
Carefully study the reasons provided for the rejection. Understand the specific grounds on which the patent application was rejected, such as lack of novelty, inventive step, or insufficient disclosure. This will help you formulate a response strategy.
Consult with a patent attorney:
Seek advice from a qualified patent attorney in Korea who specializes in patent law and prosecution. They can provide valuable insights, assess the strength of your case, and guide you on the best course of action.
File an appeal:
If you believe that the rejection decision was unjustified or incorrect, you have the option to file an appeal with the Korean Intellectual Property Office (KIPO). The appeal process typically involves submitting a written argument, along with any supporting evidence or amendments to the application, to challenge the rejection decision. Your attorney can assist you in preparing and filing the appeal.
Address the examiner's concerns:
If the rejection decision was based on specific deficiencies in the patent application, you can address these concerns by making amendments or providing additional evidence or explanations. This may involve revising the claims, amending the description, or providing clarifications to overcome the examiner's objections.
Attend an interview with the examiner:
In some cases, it may be beneficial to request an interview with the examiner assigned to your case. This allows you to discuss the rejection decision directly, present your arguments, and provide clarifications. Your attorney can help arrange and prepare for the interview.
Consider filing a divisional application:
If the rejection decision pertains to specific claims or aspects of your invention, you might consider filing a divisional application. This allows you to pursue separate patent protection for the non-rejected portions of your invention while addressing the concerns raised in the rejection decision separately.
Explore alternative strategies:
If the rejection decision appears to be insurmountable or if your invention has undergone significant changes, you can explore alternative strategies such as pursuing patent protection in other jurisdictions, seeking licensing opportunities, or considering modifications to your invention to meet the requirements for patentability.
It is crucial to consult with a qualified patent attorney who can provide tailored advice based on your specific circumstances and the details of the rejection decision. They will guide you through the appeal process and help maximize your chances of obtaining a favorable outcome.
Our firm focuses on resolving the reasons for rejection at the source, and if a patent is rejected, filing an appeal appropriately so that rights can be established at a low cost and within a short period of time.
In particular, based on our patent attorneys' experience and in-depth patent expertise, we provide services to prevent patent rejections from occurring, and in the event that a patent rejection appeal is filed, we pursue a 100% patent decision rate at the pre-grant stage.
FAQ about Korean Patents
If i have a patent in Korea, will my business succeed?
Is BM patent examination different in Korea?
What is the difference between a patent and a utility model in Korea?
What is the Korean Patent Prioritized Examination System?
[Frequently Asked Questions in Pre-Filing Stage for Korean Patents]
Consulting for Korean Patent Application
The Process of Drafting Patent Application Documents
[Frequently Asked Questions during the Korean Patent Examination and Registration Process]
Korean Patent Examination Request Process
Early publication and application publication steps
Steps to apply for prioritization examination in South Korea
What should I do after receiving the Office Action of the Reason for Refusal?
What is a request for re-examination?
What should I do if I receive a patent rejection decision?
Payment of Patent Fees and Registration of Korean Patents
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We specialize in securing patents that provide tangible value for foreign companies entering the Korean market, and we provide comprehensive guidance on all aspects of your patent portfolio. Our dedicated patent team handles a wide range of services, including patentability assessments, drafting, filing, and prosecution of patent applications, Freedom-to-Operate analyses, infringement analyses, second opinions, oppositions, litigation support, and patent monitoring.
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At DAEILPAT, we understand the unique challenges faced by foreign companies entering the Korean market, and our strategic advice aims to support your patent portfolio goals, enhance your competitive position, and maximize the value of your intellectual property assets.
