Process of Requesting Examination for Korean Patents
In order to be subject to patent examination, a separate examination request must be filed with the Korean Intellectual Property Office (KIPO). If no examination request is filed within five years of filing the patent application, the application is considered abandoned. Typically, examination requests are filed simultaneously with patent applications.
At our office, we confirm the examination request intention of the client before filing the patent application, and generally file the examination request simultaneously with the application. However, in certain cases, examination requests may be filed after the application is submitted depending on the circumstances of the applicant.
Here's a more detailed explanation of the Korean patent examination request process:
Filing an Examination Request:
To initiate the patent examination process in South Korea, a separate examination request must be filed with the Korean Intellectual Property Office (KIPO). This request is separate from the initial filing of the patent application. If no examination request is filed within five years from the filing date of the patent application, the application is considered abandoned. Therefore, it is important to file the examination request in a timely manner.
Timing of Examination Request:
Typically, examination requests are filed simultaneously with the patent application. This means that when the application is submitted to KIPO, the examination request is also included. It ensures that the application is promptly examined by the patent office.
Confirmation of Examination Request Intention:
At your office, you confirm the intention of the client regarding the examination request before filing the patent application. This step ensures that the client wishes to proceed with the examination process. If the client intends to have the application examined, the examination request is filed simultaneously with the application.
Filing Examination Request After Application Submission:
In certain cases, examination requests may be filed after the patent application is submitted, depending on the circumstances of the applicant. This could be due to strategic considerations, such as conducting additional research or making amendments to the application before requesting examination. However, it's important to note that filing the examination request after the application submission may delay the examination process.
Examination Request and Examination Process:
Once the examination request is filed, the patent application moves into the examination phase. A patent examiner at KIPO will review the application, including the specification, claims, and any supporting documents. The examiner will assess the patentability of the invention by comparing it with prior art and evaluating its novelty, inventive step, and industrial applicability.
Examination Results:
After reviewing the application, the examiner will issue an examination report that outlines any objections or rejections to the patent claims or other parts of the application. The applicant then has an opportunity to respond to the examination report, addressing the examiner's concerns, making amendments, or providing additional arguments or evidence to support the patentability of the invention.
Final Decision:
Based on the applicant's response, the examiner will make a final decision on whether to grant the patent. If the examiner finds the application to meet all the requirements for patentability, a patent decision will be issued, granting the patent. However, if the examiner maintains objections or rejections, further amendments, arguments, or negotiations may be necessary to overcome the objections and proceed towards obtaining the patent.
In summary, filing an examination request with KIPO is essential to initiate the patent examination process in South Korea. It is typically done simultaneously with the patent application, ensuring timely examination. However, in certain cases, examination requests may be filed after the application submission. The examination process involves review by a patent examiner, issuance of an examination report, applicant's response, and a final decision on patent grant. Timely and appropriate handling of the examination process is crucial for obtaining a granted patent in Korea.
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
OUR SERVICES
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.
With some of Korea's most experienced and professional patent attorneys, our team covers various technology domains. We take pride in being one of Korean IP Law Firm with a high patent registration success rate.
At DAEILPAT, our primary focus is to secure patents that contribute real value to your business. To achieve this, we take the time to understand your company and the competitive landscape in which you operate. This enables us to develop a tailored protection strategy that aligns with your specific needs. In addition to our expertise in patents, our professionals are well-versed in Design Rights. If necessary, we can create a customized protection strategy using a combination of patents and designs to safeguard your intellectual property effectively.
Learn more about Patents Application and Protection in Korea
Strategic Advice
In addition to providing consultation services on specific patent rights, we offer strategic advice to foreign companies entering the Korean market regarding their patent portfolios. Our strategic advice encompasses a wide range of key issues, including:
- Invention Scouting
- Trade Secrets and Pitfall Avoidance
- International Protection
- Infringement Identification and Enforcement
- Competitor Patent Monitoring
- Patent Portfolio Optimization
- Patent Department Organization
- Outsourcing Patent-Related Tasks
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.
