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WEEKLY NEWS - JUNE 30, 2008

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This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

Korea introduces three-speed patent system

Peter Ollier, Hong Kong

The Korea Patent Office (KIPO) is to amend its patent system to create three different application speeds: fast track, normal and more flexible deferred examination

In a translation of a Statement obtained by Managing IP, KIPO says that it plans to introduce the new "customer-tailored" system by September this year.

KIPO had reduced the time needed for a patent application to 10 months. A fast-track system already exists for certain categories of inventions, but under the new system fast-track examination will be available for all categories of invention, but must now be accompanied by a prior art search report from one of four designated organizations.

The four organizations are: the Korea Institute of Patent Information, WIPS, Korea IP Protection Technology Institute and IP Solution. KIPO expects to begin fast-track examinations within 2.2 months of a request for examination.

At the same time, the Office is making deferred examination more flexible. At present applicants can file a request for examination at the same time as filing a patent, or wait up to five years for a patent and three years for a utility model registration.

Under the new system an applicant is allowed to designate a time between 18 months from the date of filing an application and five years, and is now able to change his or her mind and withdraw the petition for examination within two months of making the request.

It is possible for a third party to file an examination request to reduce the possibility of abuse of the deferred examination system. The time for regular examination is now expected to be around 16 months.

"Applicants can enjoy more options," said Patrick Yangoh Kim, a representative of Yoon Yang Kim Shin Yu in Seoul. But Kim was not sure how much the new regulations regarding deferred examination will be used.

The new regulations will require administrative changes to the Patent Law and enforcement decree, but a spokesman for KIPO told Managing IP that these should pass through the National Assembly quite quickly.

For fast examination the current fee of W167,000 ($160) will apply. Fees for normal and deferred examination will remain the same.



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