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Korean IP Law - Patent - Request Examination of - Patent Application
관리자 
15-12-28 17:58
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PROFESSIONAL KNOWLEDGE OF KOREAN IP LAW
 
[Request Examination of Patent Application]
 
 
<Requester of the examination of patent application>
* A request for the examination of a patent application can be made by the applicant or any third party.  A patent application is examined only following a request for examination.  (Reference Article 59 and 60 of the Korean Patent Act)
 
<Period of the examination of patent application>
* The request for examination of a patent application can be made within five years from the filing date of the patent application.  Where a patent application is an international application, the request can be made within five years from the filing date of the international application.
(Reference Article 59 of the Korean Patent Act)
 
<Period of examination for divisional applications>
* Where a patent application is a divisional application, the request for examination of the divisional application can be made within five years from the filing date of original application.  If the patent application is an international application, the examination request of the divisional application can be made within five years from the filing date of the original international application.  In addition, if the five-year period has passed, the request can be made within thirty days from the filing date of the divisional application.
(Reference Article 59 of the Korean Patent Act)
 
<Effect of the request for the examination of patent application>
* Patent applications are examined following the order in which requests for examination are made. Where a request for examination concerns a divisional application and a request for examination of the original application has already been made, the application is examined according to the order in which the request for examination of the original application was made.
(Reference Article 38 of the Koran Patent Enforcement Regulation) 
 
<Effect of none-request for the examination of patent application>
* If a request for examination is not made within the time period allowed, the patent application concerned is then regarded as withdrawn.
(Reference Article 59 of the Korean Patent Act)
 
<The patent application to be requested for the preferential examination>
* Where a third party is commercially working the invention claimed in a patent application after the laying-open of the application, and the third party has not been authorized by the applicant of the application to do so, the applicant can request the preferential examination of the application.
(Reference Article 61 of the Korean Patent Act)
 
<The patent application to be requested for the preferential examination>
* Where there is agreement between Commissioner of the Korean Patent Office and the Commissioner of the Foreign Patent Office (PPH, Patent Prosecution Highway), the applicant can request preferential examination of the application.
(Reference Article 9 of the Korean Patent Enforcement Ordinance)
 
<Timing of a request for preferential examination> 
* In order to request preferential examination of a patent application, the applicant must first request examination of the application.  In practice, requests for preferential examination are made concurrently with requests for general examination.  However, a request for preferential examination can also be made later, so long as the request is before the examiner's decision of patentability of the application.
 
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