A couple of changes in the Korean patent law and the examination procedure are on the way or have been implemented already. Here are some of the most important new provisions:
On 1 August 2015, a change to the Korean patent law entered into force providing applicants with an additional period for filing divisional applications. Previously, divisional applications were only permitted during the periods for amendment or within 30 days of a refusal decision. The change means that applicants may file a divisional up to three months after the decision to grant.
The Korean Patent Office (KIPO) has also announced that it is expecting a comprehensive revision of its patent law to enter into force in 2016 or 2017.
One of the most important changes planned is a reduction of the period for filing the request for examination from five to three years from the filing date. This would align the provisions in Korea with those in Japan and China.
Another provision will be the "ex officio re-examination" by the patent examiner. Currently, the examiner has no further influence on the procedure after taking a decision to grant. Under the revised law, however, the examiner may revoke his original decision to grant, if he discovers any reason for refusal, and to start a re-examination of the application ex officio. This ex-officio examination will be permitted during the period from the examiner’s decision to grant until the payment of the first annual fees by the applicant. Other revisions include: notice to the patent holder prior to the decision in an invalidation trial, offering him a chance to submit amendments; new provisions for filing a requests for correction trials in pending invalidation cases; and the transfer of a patent/utility model to the rightful owner in case of a misappropriated application.
KIPO also plans to re-introduce a post-grant opposition system, previously abolished in 2007. In the draft amendments, this is called a "cancellation system for registered patents", a procedure very similar to the previous opposition system. Anyone may file a "request for cancellation" before the Intellectual Property Trial and Appeal Board within six months of the publication of the granted patent/utility model. Either party may file an appeal against the decision at the Patent Court. Korea is following Japan with this provision, where post-grant opposition was re-introduced in April 2015.
More information on the planned patent law amendments can be found here (in Korean):
http://www.kipo.go.kr/kpo/user.tdf?a=us ... =m02_02_02
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Regards,
Your Asian Patent Information Services