Extension of the Period for Submitting an Opinion (2 months -> 4 months)

Extension of the Period for Submitting an Opinion(Partial amendments to the Enforcement Rule of the Patent Act (Ministry of Trade, Industry and Energy Ordinance No. 609) and the Enforcement Rule of the Utility Model Act (MOTIE Ordinance No. 610))

1. For notices of reasons for refusal issued by examiners on or after July 11, 2025, the period for submitting a written opinion in response is extended from 2 months to 4 months.

2. Divisional applications are removed from the list of excluded applications for:

• the Deferral of Determination of Patentability system (allowing, upon applicant request, the patentability determination to be deferred until before 12 months from the filing date elapse), and
• the Deferred Examination system (allowing the applicant to choose the timing of examination within a period starting from the day 24 months after the request for examination, and not exceeding 5 years from the filing date (3 years for utility models)).

1. Korea’s response period for submitting opinions has been shorter than that of major jurisdictions, and extensions have imposed unnecessary procedural steps and fee burdens on applicants.

2. Although an amendment effective January 1, 2025 aligned the examination order of divisional applications with that of standard applications, restrictions on deferral of patentability determination and deferred examination for divisional applications remained, meaning applicants who wanted later examination still could not fully achieve that goal.

1. Applicants will have sufficient time to review grounds for refusal, reducing unnecessary procedures and financial burden.

2. Applicants will have greater flexibility to plan and implement patent-right acquisition strategies by expanding the range of options for selecting the timing of examination.