- Chapter 1.
- Chapter 2. Search for Prior Art
- Chapter 3. Examination Process
- 1. Overview
- 2. Understanding of Invention
- 3. Review of Prior Art Documents
- 4. Special Application
- 5. Notice of Grounds for Rejection
- 6. Instructions for Written Argument and Others
- 7. Additional Search
- 8. Examination Deferral or Extension of Processing Period
- 9. Document Delivery
- 10. Personal Interview
- 11. Amendment in Response to Final Notification of Ground for Rejection
- 12. Final Decision
- 13. Cancellation of Examination Measures
- Chapter 4. Reexamination
- Chapter 5. Amendment Ex officio
EXAMINATION PROCEDURE
2010. 12. KOREAN INTELLECTUAL PROPERTY OFFICE
(Note) Followings are the English texts of the Korean Examination Guidelines (chapter. 5 Examination procedure) published in 2011. When any inconsistency or ambiguity of interpretation is found between the Korean version and its English version, the Korean version shall prevail.
CHAPTER 1. GENERAL
1. OVERVIEW········································································································ 1
1.1 FLOW CHART ········································································································· 1
1.2 EXAMINATION PROCEDURE IN GENERAL············································································· 2
2. DESIGNATION OF EXAMINER ·············································································· 4
2.1 QUALIFICATIONS ····································································································· 4
2.2 DUTIES ··············································································································· 4
2.3 DESIGNATION AND CHANGE OF EXAMINER·········································································· 4
2.4 INTERNAL REPORTING ······························································································· 5
2.5 FORM AND NAME OF AUTHORITY FOR EXAMINATION-RELATED DOCUMENTS ······································ 6
3. IPC ASSIGNMENT ······························································································ 6
3.1 FLOWCHART OF THE IPC ASSIGNMENT ············································································· 7
3.2 GENERAL PRINCIPLES OF THE IPC ASSIGNMENT···································································· 7
3.3 GENERAL RULE OF THE IPC ASSIGNMENT ·········································································· 8
3.4 IPC ASSIGNMENT BY TECHNICAL SUBJECTS ········································································ 9
3.5 CONFIRMATION OF THE IPC························································································11
4. LAYING OPEN OF APPLICATION········································································· 12
4.1 PURPOSE ············································································································12
4.2 DATE ················································································································12
4.3 CONTENT ············································································································12
4.4 FORM OF BEING LAID OPEN ························································································13
4.5 EFFECTS ·············································································································13
5. REQUEST FOR EXAMINATION ············································································ 13
5.1 GENERAL ············································································································13
5.2 PROCEDURE ·········································································································14
5.3 EFFECTS ·············································································································14
6. START OF EXAMINATION ·················································································· 14
6.1 EXAMINATION ORDER·······························································································14
6.2 EXAMINATION TO BE DEFERRED ····················································································15
7. PROCESSING DEADLINE ··················································································· 16
8. GENERAL PRINCIPLES FOR LAW APPLICATION···················································· 18
CHAPTER 2. SEARCH FOR PRIOR ART
1. OVERVIEW OF SEARCH FOR PRIOR ART······························································ 19
2. PROCEDURE PRIOR TO SEARCH FOR PRIOR ART ················································· 19
3. SEARCH PROCEDURE ······················································································· 19
3.1 SEARCH SCOPE······································································································19
3.2 CONDITIONS UNDER WHICH SEARCH IS NOT REQUIRED OR IS LIMITED ··········································19
3.3 TIME COVERAGE OF SEARCH ·······················································································20
3.4 SUSPENSION OF SEARCH····························································································20 3.5 GENERAL PRINCIPLE OF SEARCH ···················································································21
3.6 CITATION OF PRIOR ART DOCUMENTS ·············································································21
3.6 OTHERS ·············································································································22
4. MEASURES AFTER SEARCHING ·········································································· 23
5. SEARCH FOR PRIOR ART BY SPECIALIZED SEARCH ORGANIZATION······················· 23
5.1 S
2010. 12. KOREAN INTELLECTUAL PROPERTY OFFICE
(Note) Followings are the English texts of the Korean Examination Guidelines (chapter. 5 Examination procedure) published in 2011. When any inconsistency or ambiguity of interpretation is found between the Korean version and its English version, the Korean version shall prevail.
CHAPTER 1. GENERAL
1. OVERVIEW········································································································ 1
1.1 FLOW CHART ········································································································· 1
1.2 EXAMINATION PROCEDURE IN GENERAL············································································· 2
2. DESIGNATION OF EXAMINER ·············································································· 4
2.1 QUALIFICATIONS ····································································································· 4
2.2 DUTIES ··············································································································· 4
2.3 DESIGNATION AND CHANGE OF EXAMINER·········································································· 4
2.4 INTERNAL REPORTING ······························································································· 5
2.5 FORM AND NAME OF AUTHORITY FOR EXAMINATION-RELATED DOCUMENTS ······································ 6
3. IPC ASSIGNMENT ······························································································ 6
3.1 FLOWCHART OF THE IPC ASSIGNMENT ············································································· 7
3.2 GENERAL PRINCIPLES OF THE IPC ASSIGNMENT···································································· 7
3.3 GENERAL RULE OF THE IPC ASSIGNMENT ·········································································· 8
3.4 IPC ASSIGNMENT BY TECHNICAL SUBJECTS ········································································ 9
3.5 CONFIRMATION OF THE IPC························································································11
4. LAYING OPEN OF APPLICATION········································································· 12
4.1 PURPOSE ············································································································12
4.2 DATE ················································································································12
4.3 CONTENT ············································································································12
4.4 FORM OF BEING LAID OPEN ························································································13
4.5 EFFECTS ·············································································································13
5. REQUEST FOR EXAMINATION ············································································ 13
5.1 GENERAL ············································································································13
5.2 PROCEDURE ·········································································································14
5.3 EFFECTS ·············································································································14
6. START OF EXAMINATION ·················································································· 14
6.1 EXAMINATION ORDER·······························································································14
6.2 EXAMINATION TO BE DEFERRED ····················································································15
7. PROCESSING DEADLINE ··················································································· 16
8. GENERAL PRINCIPLES FOR LAW APPLICATION···················································· 18
CHAPTER 2. SEARCH FOR PRIOR ART
1. OVERVIEW OF SEARCH FOR PRIOR ART······························································ 19
2. PROCEDURE PRIOR TO SEARCH FOR PRIOR ART ················································· 19
3. SEARCH PROCEDURE ······················································································· 19
3.1 SEARCH SCOPE······································································································19
3.2 CONDITIONS UNDER WHICH SEARCH IS NOT REQUIRED OR IS LIMITED ··········································19
3.3 TIME COVERAGE OF SEARCH ·······················································································20
3.4 SUSPENSION OF SEARCH····························································································20 3.5 GENERAL PRINCIPLE OF SEARCH ···················································································21
3.6 CITATION OF PRIOR ART DOCUMENTS ·············································································21
3.6 OTHERS ·············································································································22
4. MEASURES AFTER SEARCHING ·········································································· 23
5. SEARCH FOR PRIOR ART BY SPECIALIZED SEARCH ORGANIZATION······················· 23
5.1 S
(Note) Followings are the English texts of the Korean Examination Guidelines (chapter. 5 Examination procedure) published in 2011. When any inconsistency or ambiguity of interpretation is found between the Korean version and its English version, the Korean version shall prevail.
CHAPTER 1. GENERAL
1.1 FLOW CHART ········································································································· 1
1.2 EXAMINATION PROCEDURE IN GENERAL············································································· 2
2.1 QUALIFICATIONS ····································································································· 4
2.2 DUTIES ··············································································································· 4
2.3 DESIGNATION AND CHANGE OF EXAMINER·········································································· 4
2.4 INTERNAL REPORTING ······························································································· 5
2.5 FORM AND NAME OF AUTHORITY FOR EXAMINATION-RELATED DOCUMENTS ······································ 6
3.1 FLOWCHART OF THE IPC ASSIGNMENT ············································································· 7
3.2 GENERAL PRINCIPLES OF THE IPC ASSIGNMENT···································································· 7
3.3 GENERAL RULE OF THE IPC ASSIGNMENT ·········································································· 8
3.4 IPC ASSIGNMENT BY TECHNICAL SUBJECTS ········································································ 9
3.5 CONFIRMATION OF THE IPC························································································11
4.1 PURPOSE ············································································································12
4.2 DATE ················································································································12
4.3 CONTENT ············································································································12
4.4 FORM OF BEING LAID OPEN ························································································13
4.5 EFFECTS ·············································································································13
5.1 GENERAL ············································································································13
5.2 PROCEDURE ·········································································································14
5.3 EFFECTS ·············································································································14
6.1 EXAMINATION ORDER·······························································································14
6.2 EXAMINATION TO BE DEFERRED ····················································································15
8. GENERAL PRINCIPLES FOR LAW APPLICATION···················································· 18
CHAPTER 2. SEARCH FOR PRIOR ART
1. OVERVIEW OF SEARCH FOR PRIOR ART······························································ 19
2. PROCEDURE PRIOR TO SEARCH FOR PRIOR ART ················································· 19
3. SEARCH PROCEDURE ······················································································· 19
3.1 SEARCH SCOPE······································································································19
3.2 CONDITIONS UNDER WHICH SEARCH IS NOT REQUIRED OR IS LIMITED ··········································19
3.3 TIME COVERAGE OF SEARCH ·······················································································20
3.4 SUSPENSION OF SEARCH····························································································20 3.5 GENERAL PRINCIPLE OF SEARCH ···················································································21
3.6 CITATION OF PRIOR ART DOCUMENTS ·············································································21
3.6 OTHERS ·············································································································22
4. MEASURES AFTER SEARCHING ·········································································· 23
5.1 S 1. OVERVIEW········································································································ 1
2. DESIGNATION OF EXAMINER ·············································································· 4
3. IPC ASSIGNMENT ······························································································ 6
4. LAYING OPEN OF APPLICATION········································································· 12
5. REQUEST FOR EXAMINATION ············································································ 13
6. START OF EXAMINATION ·················································································· 14
7. PROCESSING DEADLINE ··················································································· 16
5. SEARCH FOR PRIOR ART BY SPECIALIZED SEARCH ORGANIZATION······················· 23