The Korean Intellectual Property Office (KIPO) is shifting its policy focus from fast-for-all examinations to customer-tailored high quality examinations. Under the proposed system (scheduled to start on October 1 2008), KIPO will allow applicants to choose one of three examination tracks: accelerated, normal, or delayed examination.
Under the proposed accelerated examination track, applicants can expect to receive office actions within two to three months of filing their petition for accelerated examination. KIPO will also broaden the scope of eligible applications by allowing accelerated examination if the applicant has obtained or requested a prior art search from one of the four authorised organisations (designated by KIPO). On the other end of the spectrum, KIPO also plans to launch a delayed examination track in which an applicant can choose the time for KIPO to commence the examination ranging from 18 months after the petition for delayed examination to five years after the filing date. For the "normal" examination track, KIPO will attempt to keep the average pendency of the first office action to less than 16 months.
KIPO is also planning to restrict extensions in responding to office actions. Under the new rules, extensions are available for up to four months only (a total of six months, including the initial two month reply period) for responding to office actions, absent special reasons warranting further extensions. This new examination rule will apply to applications with office actions issued on or after July 1 2008. Any further extension request will need to be accompanied by a separate description of reasons justifying further extensions. The examiner will then grant or deny the extension request after reviewing the reasons for the extension. Acceptable special reasons include additional time needed for testing, existence of a parent or divisional application pending trial or on appeal with the patent board, or adverse conditions beyond the control of the applicant.
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| Jack Eui-Hwan Jung and Stephen T Bang |
Kim & Chang
Hungkuk Life Insurance Building, 9F
226 Sinmunno 1-ga, Jongno-gu
Seoul 110-786
Korea
Tel: +822 2122 3900
Fax: +822 2122 3800
all@ip.kimchang.com
www.ip.kimchang.com
