Advancements in Legal Framework: Korean Patent Law Amendments for 2024
In the fast-paced world of innovation and intellectual property, it’s essential to stay informed of changes in patent laws. Korea, known for its robust intellectual property regime, is set to implement significant amendments to its Patent Law on January 1, 2024. These amendments, currently undergoing legislative review and public consultation, aim to refine the patent examination process and ensure fair treatment for both domestic and foreign applicants.
Accelerated examination, a process allowing applicants to expedite the assessment of their patent or utility model applications, is facing a notable amendment in Korea. Previously, applicants could accelerate examination by submitting results from a prior art search conducted by specialized institutes recognized by the Korean Intellectual Property Office (KIPO). However, under the impending amendments, this option will be phased out.
While this change may initially raise concerns among stakeholders, it’s crucial to note that alternative pathways for accelerated examination, such as the Patent Prosecution Highway (PPH), remain accessible. Foreign applicants, in particular, can still leverage PPH programs, ensuring minimal disruption to their patent prosecution strategies in Korea.
Extended Applicant Delays and Patent Term Adjustment (PTA)
The amendments also introduce adjustments to the calculation of Patent Term Adjustment (PTA), a mechanism designed to compensate patentees for delays encountered during the examination process. Presently, a patent becomes eligible for PTA if it is granted more than four years after the initial filing or three years after a request for examination, whichever is later. However, Applicant delays, such as extensions of time and response periods to office actions, can diminish the extent of PTA granted.
Under the new provisions, two additional types of Applicant delays will be factored into the PTA calculation:
- Continued Examination Post Notice of Allowance: This refers to the period between the receipt of a Notice of Allowance and the issuance of a new Notice of Allowance. PTA may be reduced by up to six months due to this delay.
- Appealing a Final Rejection: The interval from receiving a Final Rejection to filing a Notice of Appeal can potentially reduce PTA by up to five months.
Given these changes, it’s imperative for applicants to promptly address continuation applications and appeals to optimize PTA. Timely action in responding to continued examinations or appealing Final Rejections will be essential to maximize the benefits of the new legislation.
As with any legislative amendment, these changes to the Korean Patent Law may have significant implications for patent filing strategies, particularly for entities considering the Korean market. While the amendments are still subject to finalization following public feedback, stakeholders need to monitor developments closely. By staying informed and adaptable, patent holders can navigate the evolving landscape of intellectual property law and make informed decisions regarding their patent portfolios in Korea.
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