Decision Stage for Korean Patents
If an examiner of the Korean Intellectual Property Office examines a patent application and finds that there is no reason for rejection or that the reason for rejection has been fully resolved by the applicant's response to the rejection and submission of corrections, the examiner shall issue a patent decision.
A patent decision is an examiner's decision to grant a patent for a patent application.
Let's dive into the concept of the decision stage in the Korean patent application process:
After the examination of a patent application by a patent examiner at the Korean Intellectual Property Office (KIPO), there are two possible outcomes:
Rejection:
If the examiner finds reasons for rejection, such as lack of novelty, inventive step, or industrial applicability, or issues with the specification or claims, they may issue a rejection decision. This means that the examiner has determined that the patent application does not meet the requirements for patentability as outlined in the Patent Act.
Patent Decision:
On the other hand, if the examiner concludes that there is no reason for rejection or that the reasons for rejection have been fully resolved by the applicant's response to the rejection and submission of corrections, the examiner will issue a patent decision. This decision signifies that the examiner has determined that the patent application is eligible for grant and meets the requirements for patentability.
The patent decision is a positive outcome for the applicant, indicating that their invention will be granted patent protection. It confirms that the examiner has reviewed the application, considered any amendments or arguments made by the applicant, and is satisfied with the patentability of the invention as described in the application.
Once the patent decision is issued, the applicant is usually required to complete certain administrative tasks, such as paying the required fees and filing any necessary documents. These actions are necessary to finalize the patent grant process.
It's important to note that the decision stage marks a significant milestone in the patent application process, but it is not the final step. After the patent decision, the applicant will need to complete any remaining administrative tasks and follow the procedures set by KIPO to obtain the formal grant of the patent.
It's advisable for the applicant to consult with a patent attorney or agent who is knowledgeable about the Korean patent system. They can guide the applicant through the administrative tasks, ensure compliance with the necessary procedures, and help facilitate the final grant of the patent.
It's worth mentioning that even after the grant of a patent, there are post-grant procedures, such as maintenance fees and potential patent disputes, which the patentee needs to be aware of to effectively enforce and protect their granted patent rights.
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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Patent
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.
