Recent Revisions to Korean Patent Law
The Korean Patent Law was recently revised and the major points of the revisions are to
permit the request for reexamination after a final rejection, to permit a free narrowing of
claims after a final notice of reasons for rejection, to permit amendments to specification
or drawings or a division of application without filing an appeal trial after a final
rejection, to permit a differential payment of late annuities, and to allow ex officio
amendments to specifications or drawings by examiner, in order to provide the applicants
with more opportunities to obtain a patent. Followings are brief explanation of the major
revisions:
1. Permission of a request for reexamination
The reexamination of an application may be requested to the examiner without filing an
appeal against a final rejection if any amendments to specifications or drawings are made.
This revision will apply to applications which will be filed on or after July 1, 2009.
2. Permission of a free narrowing of claims
The narrowing of claims after a notice of final reasons for rejection is not regarded as a
substantial change of claims. Accordingly, a free narrowing of claims is possible even
after a notice of final reasons for rejection. This revision will apply to amendments which
will be filed on or after July 1, 2009.
3. Loosening of requirements for filing divisional applications
The divisional application may be filed without filing an appeal against a final rejection
within the period for filing a request for reexamination. This revision will apply to
divisional applications of applications which will be filed on or after July 1, 2009.
4. Ex officio amendments of specification or drawings
The examiner may amend specifications or drawings at the time of rendering a decision of
allowance if there are any clear erroneous contents. In order to amend specifications or
drawings ex officio, the examiner must notice the applicant the matters to be amended ex
officio together with the service of a decision of allowance and, if the applicant submits
any arguments against such notice, the amendments will be retroactively annulled. This
revision will apply to applications of which decision of allowance will be rendered on or
after July 1, 2009.
5. Differential late payments of annuities
When a late annuity is paid during a six months grace period, the amount varies according to
the passed period within the double of a regular annuity. This revision will apply to late
annuities which will be paid on or after July 1, 2009.
DATE :
13-05-18
