Accelerated examination system in Korea, Patent Law Firm SODAM

Accelerated examination system in Korea, Patent Law Firm SODAM

Let me introduce Korea ‘Accelerated examination system. 



Under Article 61 of the Patent Act, the Commissioner of the Korean Intellectual Property Office may instruct the examiner to inspect an application prior to other applications if any of the following types or circumstances exist:



(1) When a person other than the applicant performs the invention claimed in the patent application after the disclosure of the application, both commercially and industrially; or


The Commissioner of the Korean Intellectual Property Office recognizes that it is necessary to urgently handle a patent application prescribed by Presidential Decree



Ⓐ Application for defense industry


Ⓑ Technologies that are directly related to green technologies (such as greenhouse gas reduction, greenhouse gas reduction, greenhouse gas reduction, greenhouse gas reduction, energy efficiency improvement, technology use minimizing greenhouse gas and pollutant emission, pollution-free production, clean energy, And eco-friendliness including associated fusion technologies);


Ⓒ Applications directly related to promoting exports (including the adoption of international standards);


Ⓓ Application for State or local government affairs, including patent applications relating to public school duties prescribed by the Higher Education Act, established by the agency responsible for technology transfer and industrialization established in national and local governments Article 11 Public schools based on (1);


V Venture Business Promotion Special Measures Law Article 25,


Ⓔ Two applications filed by enterprises selected as technological innovation type SMEs pursuant to Article 15 of SME Technology Innovation Promotion Act.


New application for main project results to support the development of new technology or quality certification;


International An application based on a priority claim declared in accordance with international treaties (only in the course of conducting such a patent procedure by a foreign patent office that claims priority based on the patent application);


Applicant is in the process of commercializing the invention or is currently preparing to do so;


Electronic applications directly related to electronic transactions;


Korean Patent and Foreign Intellectual Property Director,


Korea Information Security Agency (KIPO, WIPS, IP Solution) conducts the prior art search,


Applicants wishing to expeditiously test the application must submit a written request with a statement explaining the need and all supporting evidence.





Delayed examination system
If necessary, the applicant may request a postponed exam within nine months of the date of the examination request. Applicants may also choose a delayed review date of at least two years after the request for examination and within five years from the date of application. The applicant will receive the first administrative action from the Korean office within three months after the end of the grace period.
Application by Division
An applicant who has filed a patent application with two or more inventions can divide the application into multiple applications.






Pendency period
– The first office waiting period begins when the applicant requests the examination and ends when the examination begins. The longer the hold period, the slower the enforcement of rights and the commercialization and profitability of new technologies.
– Increase the number of patent examiners, expand outsourcing of prior art research, maximize examination capacity through performance-based management, develop automatic search system, and introduce Six Sigma management technique As a result of this effort, KIPO provides the world’s fastest test service.