This article will focus on 2024 years 1 month 1 daily, Against South Korea "Patent law" Two important amendments have been made.

Tighten expedited review rules

What has changed?

In South Korea, The way to speed up the examination of patent or utility model applications by conducting prior art searches is gradually closing. before, People can make it available through the Korea Intellectual Property Office (KIPO) The prior art search results report issued by the designated specialized agency to apply for expedited review procedures. These specialized agencies are usually independent of the government's intellectual property offices.

Impact on foreign applicants

Although the amendment brought some changes, But foreign applicants can still use the patent examination highway (PPH) Project to expedite review, This ensures that international applicants will not be too affected. The move means, towards KIPO Speaking of, Search reports from other jurisdictions are still valid.

Patent term adjustment (PTA)

Current scheme

In South Korea, If a patent is filed four years after the applicant first filed an application or three years after the applicant filed a request for examination (Whichever is later) authorized, Then the patent will be eligible PTA. Make use of PTA, The applicant may change the expiration date of the patent to compensate for the delay caused by previous examination work. merely, Delay caused by the applicant, For example in reply "Notice of review opinion" The delay in response time, etc, It may reduce its availability PTA odds.

The new amendments also add two types of delays caused by applicants PTA The situation of.

Continued review after notification of authorization

This delay refers to the time between the date the applicant receives the authorization notice and the date the IP Office issues a new authorization notice. therefore, PTA Can at most reduce 6 month.

Appeal against the final notice of dismissal

Such delay refers to the time between the date of receipt of the final notice of dismissal and the date on which the applicant files the notice of appeal. In this case, PTA Can at most reduce 5 month.

therefore, For the applicant, Continue applications and appeals are processed as quickly as possible, To preserve the longest time possible PTA It's a very important thing. In other words, The applicant should speed up his work (Such as initiating a continuing review and appealing a final notice of dismissal as soon as possible) , Thus, it can be extended to the maximum extent according to the new legal provisions PTA.

To sum up, These changes could affect patent filing strategies, Especially for those who are considering entering the Korean market. (Be compiled from www. mondaq. com)

TRANSLATORS: Liu Peng　proofread: Wu Xian



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