I. Preparation for filing a Patent Application

II. Prosecution of the Patent Application

A. Request for Examination
B. Laying-open of Applications
C. Preferential Examination

D. Amendments

1. General Aspects

It is possible that the invention for which the applicant seeks protection will vary from the one originally filed, due to continuing development of the invention, or as a result of research of competitors' development activities and/or market demands. In such cases, the applicant can change any part of the application including the specification, claims, and drawings. However, the periods for filing amendments are limited under the Korean Patent Law.

2. Possible Periods for filing Amendments

a) Voluntary Amendments

A voluntary amendment can be filed any time within fifteen months from the effective filing date. The first publication Gazette is issued eighteen months after the effective filing date, and the fifteen-month time limit on voluntary amendments is set to give KIPO the time it needs to include such amendments in the publication Gazette.

b) In Response to Official Actions

When an Official Action is received, the applicant is again presented with an opportunity to file an amendment in response. The term for response for a foreign applicant is normally two months, which can be extended up to several times for one month each time.

c) In Response to Oppositions

If an opposition is filed against an application which has been granted as a patent or utility model after examination, the applicant is presented with yet another opportunity to file an amendment. Again, the applicant is given a two-month term extendible by two months to file an amendment together with a reply to the opposition.

d) In Response to Final Rejection

If an application is finally rejected, the applicant can file an appeal within thirty days from the receipt of the Final Rejection. Within thirty days from the filing date of the appeal, an amendment can be filed. At that time, the applicant is presented with an opportunity to make further amendments, in view of the results of the examination. If such an amendment is filed, the rejected application is returned to the Examiner for reexamination of the amended application. If the Examiner considers that the application is then allowable, the Examiner will overturn the rejection and render the grant decision for the patent.

3. Extent of Amendments

Before the transmittal of a certified copy of the grant decision, both the detailed description and the claims can be amended to any extent within the scope of the original disclosure of the application. In other words, any kind of amendment can be made to the claims or disclosure, including the drawings, so long as it does not introduce new matter. The amendment can be made within the scope of what was originally disclosed in the application and what is obvious or self-evident from the original disclosure. If the amendment goes beyond this scope, it will be regarded as introducing new matter, i.e. it shall be deemed to change the subject matter of the specification.

E. Preliminary Rejection Notice
F. Decision for the Patent Grant
G. Options after Receiving Final Rejection
H. Registration Publication and Opposition
I. Types of Trials in Intellectual Tribunal of Korean Industrial Proprty Office
J. Re-examination before Trial
K. Appeal to the Patent Court
L. Duration
M. Registration
N. Appointment of Patent Administrator
O. Documents for transfer of ownership of patent application (or patent)
P. License grant