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The KIPO announced a Patent Law Revised Bill to join the Patent Law Treaty (PLT). The revised bill is aimed to be implemented on January 1st, 2013 and it is expected to be submitted to the National Assembly after a public hearing.
1. Introduction of foreign language application system
Upon filing a patent application with the KIPO, a foreign language application may be submitted. In such a case, a Korean translation must be submitted within two (2) months from the filing date. Permitted foreign languages for a foreign language application are to be regulated by the Enforcement Decree of the Patent Act and it is expected to include English, Japanese, and so forth.
2. Korean translation submission deadline regarding the PCT application extended to 32 months
Korean translation submission deadline regarding PCT applications is to be extended from current 31 months to 32 months. However, documents for entry into the Korean phase must be submitted within 31 months from the first priority date.
3. Thesis or dissertation documents as is to be acknowledged as a patent application
When submitting a scientific treatise and/or a document that describes an invention (invention description) as it is as a patent application, a filing date will be acknowledged. Such application may be amended appropriately to fit the formalities of a regular patent application after filing and may be used as groundwork for domestic claim of priority.
4. Possible to request extension within 2 months after expiration of a specified period
Applicant may request an extension of time within 2 months after the date of expiration period for submission of an opinion of notification of reasons for refusal and others. Revision acknowledges recovery of a specified period within 2 months in case an applicant missed the deadline by mistake.
5. Correction and addition of priority claim possible within 16 months from the priority date
When claiming priority under treaty, it is possible to correct (priority number, date, etc) and add a priority claim within 16 months from the priority date.
6. In case the deadline to claim priority right has passed, priority rights restoration request is possible within 2 months
In case the deadline to claim priority right has passed for reasons that an applicant cannot be held responsible, priority rights restoration request is possible within 2 months from the date on which the priority period expired. “Reasons that an applicant cannot be held responsible for” include natural disasters, mail lost, etc.
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July 2011