In the global stage of patent portfolio planning, South Korea
and China have always been important destinations for patent
applications. The invention patent examination systems of the two
countries are similar in their macro framework, but upon close
examination, there are non-negligible differences in key timelines
and specific procedures.
In particular, for applicants accustomed to the examination rhythm
in China, the procedural arrangements in South Korea upon receiving
a Final Rejection contain certain “unconventional”
elements that, if not well understood, may affect strategic
planning and grant opportunities.
1. Filing and Request for Substantive Examination
In South Korea, after the submission of an invention patent
application, the applicant must file a request for substantive
examination with the Korean Intellectual Property Office (KIPO)
within three years from the filing date or the priority date;
otherwise, the application will be deemed withdrawn.
