News & Infomation
简报
February 2015
February 2015Revisions to the Korean Patent Act/Utility Model Act and Reformation of the Examination System
1. Additional Period for Filing Divisional Applications
(Effective August 2015, for the Patent Applications allowed for registration after the effective date)
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Current Patent Act |
Revised Patent Act | |
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Period for Filing Divisional Applications |
○ During the period for amendment to the specification and/or claims ○ Within 30 days from the delivery date of the Decision of Rejection |
○ During the period for amendment to the specification and/or claims: Same as in the Current Act ○ Within 30 days from the delivery date of the Decision of Rejection: Same as in the Current Act ○ (Newly added) Within 3 months from the delivery date of the Notice of Allowance (however, in case of registration for establishment of rights, before the registration date for establishment of rights) |
Under the current Patent Act, it was impossible for the divisional applications to be filed after issuance of the Notice of Allowance. However, under the revised Patent Act, an additional period for filing divisional applications is newly added such that divisional applications can also be filed after issuance of the Notice of Allowance.
2. Additional Period for Claiming an Exemption from Public Disclosure
(Effective August 2015, for the Patent/Utility Model Applications filed after the effective date)
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Current Patent/Utility Model Acts |
Revised Patent/Utility Model Acts | |
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Period for Claiming Exemption from Public Disclosure |
○ At the time of filing, with submission of supporting documents within 30 days from the filing date |
○ At the time of filing and submission of supporting documents within 30 days from the filing date: Same as in the Current Act ○ (Newly added) During the period for amendment to the specification and/or claims ○ (Newly added) Within 3 months from issuance of the Notice of Allowance |
For the patent/utility model applications disclosed before the filing, an applicant is entitled to claim an exemption from public disclosure when filing an application within 12 months from the publication date. However, under the current Patent/Utility Model Act, in order to be eligible for such an exemption, a request for claiming an exemption from public disclosure and its supporting documents must be submitted upon filing the patent/utility model applications. Under the revised Patent/Utility Model Act, a request for claiming an exemption from public disclosure and its supporting documents can be submitted not only at the time of filing the patent/utility model applications, but also during the examination and within 3 months from issuance of the Notice of Allowance.
3. Other New Patent Systems Came into Effect in 2015 (Effective January 1, 2015)
Based upon the Patent Act revised in June 2014, of the many changes, the following notable changes came into effect on January 1, 2015:
(1) Extension of Time to Submit Korean Translation of PCT Applications (For the applications having a PCT filing date after January 1, 2015)
Under the revised Patent Act, upon a request filed by the applicant, a 1-month extension of time to submit a Korean translation of the PCT application can be granted. However, a request for entering into the Korean national phase and a request for an extension of time to submit Korean translation must be filed during the designated submission period of Korean translation thereof (31 months from the earliest priority date).
(2) Patent Applications in English can be filed
Patent applications not only in Korean but also in English can be filed. In other words, a normal patent application (non-PCT application) including English specification and claims can be filed with/without a priority claim based on the Paris Convention. However, a Korean translation must be filed within 14 months from the earliest priority date, and differently from an extension of time allowed for a Korean translation of the PCT application, an extension of time to submit the Korean translation of the non-PCT application is not allowed.
(3) Correction of Translation Errors
The revised Patent Act allows Korean translations of patent applications in foreign languages to be corrected for their translation errors made in the process of translating the PCT application into the Korean language, within the scope of the originally-filed foreign language document.
(4) Patent Applications without Meeting Formality Requirements can be filed
Thesis, research notes, or a mere explanation of technical ideas, etc. can be filed as patent applications without meeting the formality requirements for patent specifications and patent claims. Such information can be filed as patent applications without claiming their scopes of what is sought to be protected, and their filing date can be obtained. However, such applications must be amended to the formal patent applications meeting the formality requirements for the patent specifications and patent claims, within 14 months from the earliest priority date.
4. Preliminary Review System of Amendment Proposal
If an applicant files a request for review of the amendment proposal within 1 month before the expiration date of filing Amendment/Arguments in response to the outstanding Office Action (Notice of Reasons for Rejection), through an interview with the Examiner, he/she can be advised how to amend the application in order to overcome the grounds of rejection.