About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

Legislative Implementation of Flexibilities - Republic of Korea

Title:Articles 57-61 of the Patent Act No. 950 on 28/11/1949, as last amended by Act No. 9381 of 30/01/2009
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Article 57

Examination by Examiner

(1) The Commissioner of the KIPO shall have patent applications examined by an examiner.

(2) Necessary matters concerning the qualifications for examiners are prescribed by Presidential Decree.

Article 58

Search for Prior Art etc.

(1) If considered necessary for examination of a patent application (including an international search or international preliminary examination), the Commissioner of the KIPO may designate a specialized organization and request it to search for prior art, make an international patent classification, and conduct other tasks prescribed by Presidential Decree.

(2) If considered necessary for the examination process, the Commissioner of the KIPO may request the cooperation and advice of a government agency, an organization specialized in the technology concerned or an expert with profound knowledge and experience in patent matters, and may pay them allowances or expenses for their cooperation or advice within the limits of the budget of the KIPO.

(3) Necessary matters concerning the designation of specialized organizations, such as the standards for designation, and assigning procedures, such as those related to prior art searches and the making of international patent classifications, under paragraph (1) are prescribed by Presidential Decree.

Article 59

Request for an Examination of a Patent Application

(1) A patent application is examined only when a request for an examination is filed.

(2) Where a patent application has been filed, any person may request the Commissioner of the KIPO for an examination of the patent application within five years from the filing date of the application. However, a patent applicant may request an examination of a patent application only when a description with the scope of claims is attached to the written application.

(3) For a divisional application under Article 52(2) or a converted application under Article

53(2), a person may request an examination within thirty days from the filing date of the divisional application or the converted application, even after the expiry of the period prescribed in paragraph (2).

(4) A request for an examination may not be withdrawn.

(5) Where a request for an examination has not been made within the periods prescribed in

paragraphs (2) or (3), the patent application concerned is deemed to have been withdrawn.

Article 60

Procedure for Requesting an Examination

(1) A person requesting an examination of an application shall submit a written request to the Commissioner of the KIPO, stating the following:

(i) the name and residential address of the person making the request (and, if the person is a juridical person, the name and business address);

(ii) deleted; and

(iii) the indication of the patent application for which the request for an examination is made.

(2) Where a request for an examination has been made before the laying open of the application, the Commissioner of the KIPO shall notify the indication of the request in the Patent Gazette when the application is laid open. Where a request for an examination has been made after the laying open of the application, the Commissioner shall immediately notify the indication of the request in the Patent Gazette.

(3) Where a request for an examination has been made by a person other than the applicant, the Commissioner of the KIPO shall notify the patent applicant accordingly.

Article 61

Accelerated Examination

The Commissioner of the KIPO may have an examiner examine an application in preference to others if the former falls under either of the following subparagraphs:

(i) where a person other than the applicant is considered to work the invention claimed in the patent application as a business after the laying open of the application; or

(ii) where urgent processing of the patent application is considered necessary as prescribed by Presidential Decree.

https://www3.wipo.int/contact/en/area.jsp?area=development_agenda https://www.wipo.int/pressroom/en/ https://www.wipo.int/tools/en/disclaim.html https://www.wipo.int/en/web/privacy-policy/ https://www.wipo.int/en/web/accessibility/ https://www.wipo.int/tools/en/sitemap.html https://www3.wipo.int/newsletters/en/ https://www.wipo.int/en/web/podcasts/ https://www.wipo.int/news/en/