Amendment to the Enforcement Decrees of the Patent Act: Revision of Subjects for Accelerated Examination and Extension Periods for Patent Right’s Duration

Young-ro Lee Patent Attorney

1. Revision of Subjects for Accelerated Examination

To concentrate examination capabilities on nationally important advanced strategic technologies such as semiconductors and secondary batteries and enhance support for accelerated examinations, cases where the need for urgent processing has decreased are no longer eligible for accelerated examinations.

This revision, effective from January 1, 2024, in the amended Enforcement Decrees of the Patent Act, excludes cases where the need for urgent processing has decreased, such as when a request for a prior art search for advanced technology has been made to the patent filings specialized organizations, and excludes applications from individuals aged 65 and older and those with health conditions from eligibility for accelerated examinations.

Furthermore, in the amended Enforcement Decrees of the Patent Act, to facilitate prompt examination of technologies related to infectious disease prevention and disaster safety, patent applications directly related to medical and epidemic prevention goods and certified disaster safety products are now eligible for accelerated examinations.

2. Revision of Extension Periods for Patent Right’s Duration

The Korean Patent Act stipulates that the period in which the registration of a patent right is delayed due to the applicant is excluded from the extended period of the patent right’s duration. The amended Enforcement Decrees of the Patent Act, effective from January 1, 2024, will reduce the application of the conditions for extending the duration of a patent right in order to prevent delays in the examination process attributable to the patent applicant.

Accordingly, the amended Enforcement Decrees of the Patent Act excludes the following periods from the extended period of the patent right’s duration, as periods of delay in the registration of a patent right attributable to the applicant: (ⅰ) The period from the date of receipt of the copy of the patent decision to the date on which the Commissioner of Patents makes a decision on whether to grant a patent following a reexamination; and (ⅱ) The period from the date of receipt of the copy of the patent rejection decision to the date on which an appeal is filed against the patent rejection decision.