This is to inform you of "THE AMENDED KOREAN EXAMINATION PROCESSING REGULATION" effective from July 1, 2008.
Please be informed that the Korean Intellectual Property Office has amended the Korean Patent Examination Processing Regulation to limit the number of the extension periods for filing written opinions and amendments.
Up until now, a response to an Office Action regarding a Patent and Utility Model could be extended on a monthly basis without limit. However, a response to an Office Action issued from July 1, 2008 can be extended 4 months (one month each four times) from the date of issue. These 4 months, coupled with the original 2 months given when the Office Action is issued would allow a total period of 6 months to reply to the Office Action.
Notwithstanding the above limitations regarding the number of extensions, further extensions are allowable by a decision of the examiner in charge when special cases arise. Special cases allowing further extensions are as follows:
① where the patent attorney first appointed, or all of the appointed patent attorneys are dismissed or changed within one month before the expiration of the 6 months;
② where an applicant is changed within one month before the expiration of 6 months;
③ where a written amendment reflecting the results of an examination from other countries is submitted if they are received within two months before the expiration of 6 months;
④ where an Office Action is delivered more than one month late;
⑤ where an original application or its divisional application is pending in a Trial or a Suit;
⑥ where more extensions are needed for completing tests or measurements related to the Office Action; or
⑦ where extensions are inevitably needed due to unavoidable circumstances.
※ Please note that items ①~⑤ are not allowable when a third party requests a substantive
examination. | 