KOREAN PATENT EXAMINATION SYSTEM
Accelerated examination system
According to Article 61 of the Patent Act, the commissioner of the Korean Intellectual Property Office may direct an examiner to examine one application in preference over another if it falls under any of the following types or circumstances:
(1) Where a person, other than the applicant, is commercially and industrially working the invention claimed in a patent application after the laying-open of the application;
(2) Where the commissioner of the Korean Intellectual Property Office deems it necessary to urgently process a patent application prescribed by Presidential Decree:
ⓐ Applications related to the defense industry;
ⓑ Applications directly related to green technology (referring to technology that minimizes emissions of greenhouse gases and pollutants by saving energy and resources and making use of them efficiently throughout the whole process of social and economic activities such as reducing greenhouse gases, raising the efficiency of energy utilization, pollution-free production, clean energy, recycling resources, and eco-friendliness (including related convergence technology));
ⓒ Applications directly related to the promotion of exportation (including the progress for adoption of international standards);
ⓓ Applications concerning the official duties of state or local governments (including any patent application concerning the duties of the national and public schools provided for in the Higher Education Act, which is filed by the organization in charge of the technology transfer and industrialization established within the national and public schools pursuant to Article 11(1) of the Technology Transfer and Commercialization Promotion Act);
ⓔ Applications filed by an enterprise confirmed as a venture business under Article 25 of the Act on Special Measures for the Promotion of Venture Businesses;
ⓔ-2 Applications filed by an enterprise selected as a technologically innovative small and medium enterprise under Article 15 of the Act on the Promotion of Technology Innovation of Small and Medium Enterprises;
ⓕ Applications concerning the results of the state's project to support the development of new technology or quality certification;
ⓖ Applications which are based on a priority claim declared under international treaties (limited to cases where a foreign patent office, upon receiving such priority claim based on the relevant patent application, is in the process of taking procedures for such patent);
ⓗ Patent-pending inventions for which the applicant is in process of commercializing the invention or is preparing to do so;
ⓘ Applications directly related to electronic transaction;
ⓙ Applications which the commissioner of the Korean Intellectual Property Office and the commissioner of a foreign intellectual property office have agreed to preferentially examine;
ⓚ Applications requesting that one of the KIPO-approved agencies (namely the Korea Institute of Patent Information; WIPS Co., Ltd; and the IP Solution Co., Ltd.) conduct a prior art search and forward the search results to the commissioner of KIPO.
An applicant desiring an accelerated examination of his/her application must submit a written request containing a statement explaining the necessity thereof in detail and any supporting evidence.
Deferred examination system
If necessary, applicants can request a deferred examination within nine months from the date of the examination request. The applicant can also choose the date of the deferred examination which must take place at least two years after the examination request and within five years of the application date. The applicant will receive the first office action from KIPO within three months of the deferred examination date.
Divisional application
An applicant who has filed a patent application comprising two or more inventions may divide the application into multiple applications.
Converted application
An applicant can convert a patent application to a utility model application or vice versa within thirty days of the date on which the applicant received a certified copy of the first decision of rejection.
Priority claim under treaty
The system of making a priority claim under treaty is recognized by the Paris Convention and by the member countries of the WTO. Whenever an application filed in one country is filed again in another member country within a year of the first filing, the filing date of the subsequent application is deemed to be the filing date stated in the original application.
Claim for domestic priority
An applicant may make a priority claim based on an invention described in the specification or drawings initially attached to an earlier application of a patent or utility model registration within a year of filing the earlier application for which he/she has the right to obtain.
Ex officio amendment
If an examiner determines that an application is patentable but has any clear clerical errors in the specification, drawings, or abstract attached to a patent application such as misspellings or wrong reference numbers, the examiner can make an ex officio correction of the error without having to request the applicant submit a written opinion. (For decisions of registration made after July 1, 2009.)
Request for reexamination (reexamination before a trial)
Under the revised Patent Act, if an examiner rejects an application, the applicant can simply request a reexamination after amending the description or drawing(s). Previously, upon receiving a decision of refusal, an applicant had to appeal the examiner's decision and amend the description or drawing(s) for examination before a trial.
Pendency period
- The first office action pendency period starts when an applicant requests an examination and ends when the examination begins. A prolonged pendency period delays the enforcement of rights and hinders the commercialization and profitability of new technologies.
- To shorten the pendency period, KIPO has increased its number of patent examiners, expanded its outsourcing of prior art searches, maximized its examination capabilities through performance-based management, developed an automatic search system, and introduced Six Sigma management methods. As a result of those efforts, KIPO provides the world's fastest examination service.
Read more about Korean Patent here:
Korean Patent System
- Information on Korean Patent Applications
- Korean Patent Examination System
- PCT National Phase Entry into Korea
Application Procedure for Patents in Korea
Application Procedure for Utility Models in Korea
- Registration and Technical Evaluation
Application Procedure for Layout Designs in Korea
- Effect of Layout Designs Rights
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:
We assist in identifying valuable inventions within your organization that are worthy of protection, helping you prioritize and optimize your patent filing strategy.
Trade Secrets and Pitfall Avoidance:
We provide guidance on leveraging trade secrets effectively while avoiding potential pitfalls, ensuring that your valuable proprietary information remains protected.
International Protection:
Our experts devise comprehensive filing strategies, including strategic selection of geographical coverage, to secure international patent protection for your innovations in line with your business goals.
Infringement Identification and Enforcement:
We advise on how to identify instances of infringement and provide strategies for enforcing your intellectual property rights in Korea, ensuring effective protection against unauthorized use.
Competitor Patent Monitoring:
We help monitor your competitors' patent activities, enabling you to stay informed about their developments and secure freedom-to-operate, minimizing the risk of infringement.
Patent Portfolio Optimization:
We assist in pruning your patent portfolio to eliminate redundant or unnecessary patents, helping you save costs while maintaining a streamlined and valuable portfolio.
Patent Department Organization:
Our consultants provide guidance on organizing and structuring an efficient and effective in-house patent department, ensuring smooth operations and maximizing the value of your patent assets.
Outsourcing Patent-Related Tasks:
We offer advice on outsourcing certain patent-related tasks, enabling you to streamline processes, optimize resources, and focus on core business activities.
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.
