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.jpg "news_2025_07_16(3).jpg") Dear colleagues, We would like to update you on the recent changes to the KIPO Examination Guidelines for patent and utility model applications, effective as of July 11, 2025. If you have any questions or would like further information, please feel free to contact us. 📢 Response Deadline Extended for Office Actions The initial deadline to respond to a new preliminary examination report (commonly referred to as an “Office Action”) has been extended from 2 months to 4 months, bringing Korea in line with other jurisdictions such as the EU and China (4 months) and the US and Japan (3 months). ✅ There is no change to the extension rules: applicants may still request an additional 4-month extension, meaning a total of up to 8 months is now available without examiner approval. 📝 Extensions beyond 8 months will continue to require examiner consent. Accordingly, a response period of up to 8 months (4 months initial + 4 months extension) is now available as of right for patent and utility model applications. 📌 This amendment does not apply to trademark or design applications. As before, if a response is ready earlier, applicants may file it along with a request for expedited processing within the initial 4-month period. ⏸️ Suspension of Examination Now Permitted for Divisional Applications It is now possible to request suspension (deferral) of examination for divisional patent (or utility model) applications under the revised guidelines. This option may be particularly useful in industries such as pharmaceuticals, biotechnology, or telecommunications, where commercialization takes time, or in cases where the parent application has been rejected and is under appeal, and the divisional application is filed as a contingency measure in case the appeal is unsuccessful. 🔑 Key details of the suspension request are as follows: - 📅 Request period: Within 9 months from the date of requesting examination - ⏳ Deferrable window: From 2 years after the examination request date up to 5 years from the filing date (3 years for utility model). For PCT national phase applications, the 5-year period is counted from the PCT international filing date, not from the Korean national phase entry date. - 🔁 Withdrawal or changes: Suspension requests may be withdrawn or modified within 2 months. In addition, accelerated examination request can override a suspension request at any time.  💡 In addition, if suspension of examination is requested, the payment of the examination fee may also be deferred until two months before the requested examination start date. #이공특허 #이공특허법률사무소 #KWON & KIM Patent & Trademark Attorneys #KWON & KIM |
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