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July 2025
July 2025Time to Submit a Brief of Arguments Extended from 2 Months to 4 Months.
The Korea Intellectual Property Office (“KIPO”) announced that the Revised Enforcement Rule for Patent Act, extending time to submit a brief of arguments in response to a Notice of Reasons for Rejection against a patent application from 2 months to 4 months and permitting postponement of examination of a divisional application, will go into effect on July 11, 2025.
Revised Matter 1: Time to submit a brief of arguments extended (from 2 months (to date) to 4 months)
Time to submit a brief of arguments in Korea has been shorter than that of other countries (3 months for the US and Japan and 4 months for China and Europe), so applicants who could not prepare the brief in time had to petition extension of time each month and had to bear payment of separate official fees. In order to ameliorate this, time to submit a brief of arguments has been extended from 2 months (to date) to 4 months. In case a brief of arguments is prepared ahead of time to submit a brief of arguments, by submitting a petition to shorten time along with a brief of arguments, an applicant may obtain the result of examination more quickly.
Revised Matter 2: Petition to postpone examination for a divisional application permitted
In certain technical fields, such as communication, pharmaceutical, biotechnology, etc., as commercialization of a product requires a considerable time, the number of applicants desiring to strategically delay examination is increasing. Through this revision, petition to postpone examination of a divisional application has been made possible.
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