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2025-07
KIPO：extending the period for responding OAs from 2 to 4 months, deferment of examination for divisionals allowed
The Korean Intellectual Property Office (Commissioner: Kim Wan-ki) announced that, starting from Friday, July 11, amendments to certain provisions of the Enforcement Decree of the Patent Act and the Utility Model Act will take effect. These include extending the response period for submitting written opinions from the current two months to four months, and allowing deferment of examination for divisional applications.
[Amendment ①: Extension of the period for submitting written opinions to the level of major countries (from 2 months → 4 months)]
The period for submitting written opinions in Korea has been shorter than that of major foreign jurisdictions*, forcing applicants who are unable to prepare their opinions within the given time to file monthly extension requests and pay additional fees. To address this issue, the submission period has been extended from the previous two months to four months, aligning it with the standards of major countries*.
* Periods for submitting opinions in major countries: (U.S. and Japan) 3 months; (China and Europe) 4 months
With this amendment, the procedural inconvenience of monthly extension requests and the financial burden on applicants will be reduced. It is also expected that more thorough review of opinions will lead to higher-quality patents.
※ If an applicant prepares the written opinion earlier than the deadline, they may submit a request to shorten the period along with the opinion to receive examination results more quickly.
[Amendment ②: Allowance of examination deferment for divisional applications]
In advanced technology fields such as telecommunications, pharmaceuticals, and biotechnology, commercialization often takes a significant amount of time. As a result, more applicants are strategically seeking delayed examinations. However, under the previous rules, divisional applications were restricted from requesting examination deferment*, failing to meet the needs of applicants who wished to delay examination. This amendment now allows deferment of examination for divisional applications, enabling applicants to establish patent strategies aligned with the timing of product commercialization.
* A system that allows applicants to postpone the timing of examination upon request.
Jung Yeon-woo, Director General of the Patent Examination Policy Bureau of KIPO, stated:
"This amendment reflects the voices of applicants and enhances convenience in the patent procedures. We will continue to promote innovation in our patent administration services to meet the evolving needs of applicants."
https://www.kipo.go.kr/ko/kpoBultnDetail.do?menuCd=SCD0200618&ntatcSeq=20567&sysCd=SCD02&aprchId=BUT0000029
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