Notice on Changes to Patent Examination Procedures (Extended OA Response Deadline & Deferred Examination for Divisional Applications)
Changes to the Korean Intellectual Property Office’s patent and utility model examination system, effective from July 11, 2025, have been implemented in alignment with global standards and with a strong focus on enhancing convenience for applicants. In particular, the following revisions will offer meaningful opportunities for companies seeking to coordinate the timing of commercialization and the strategic acquisition of patent rights.
1. Extended Office Action (OA) Response Deadline (2 Months → 4 Months)
• Reasoning for the Change: The previous 2-month deadline for submitting a response was shorter than those of major jurisdictions—such as the United States (3 months), Japan (3 months), Europe (4 months), or China (4 months). As a result, applicants were often required to request monthly extensions, incurring considerable additional administrative burden and official fees. • Amended Rule: The submission period has been extended to 4 months, granting applicants sufficient time for preparation and reducing procedural burdens. • Expected Benefits: Applicants will be able to conduct thorough reviews and prepare higher-quality responses, leading to stronger patent rights. • Note: When a “Request for Deadline Shortening” is submitted together with a response, the official deadline is deemed to be the submission date. As a result, the examination process is accelerated by the number of days shortened, enabling an earlier examination outcome.
2. Introduction of Deferred Examination for Divisional Applications
• Reasoning for the Change: In fields such as telecommunications, pharmaceuticals, and biotechnology—where commercialization often takes considerable time—demand has grown for the use of delayed examinations as part of strategic IP management. However, under the previous regulations, applications for a deferral of an examination were not permitted for divisional applications. • Amended Rule: Divisional applications are now eligible for deferred examination upon applicant request. • Expected Benefits: Applicants can now establish flexible IP strategies by aligning patent examination timing with product development and market launch schedules.
2.a. Overview of the Deferred Examination System
• Eligibility: Applicants must submit a request for a deferral of examination within 9 months from the examination request date of an existing application. ※ Not applicable to the following types of applications: separate applications, conversion applications, applications filed by non-entitled persons, and applications designated for accelerated examination. • Deferrable Period: Applicants may designate a preferred date for the examination to begin. This must be within the range of 2 years from the examination request date to 5 years from the filing date (3 years for utility models).  • Examination Fee Payment: If a deferred examination is requested, the payment of the examination fee may be postponed until 2 months prior to the designated examination date. • Beginning of Examination: The first examination result (e.g., a Notice of Office Action) will be issued within 12 months from the designated date set by the applicant. • Changes & Withdrawal: Applicants may withdraw or change the designated examination date within 2 months from the date on which the original deferral request was made. ※ If an accelerated examination request is filed, the examination will proceed promptly, and any previously filed deferral request will be deemed withdrawn. • Guidance on System Utilization: By strategically combining the deferred examination system and the accelerated examination (prioritized examination) system, applicants will now be able to establish an intellectual property strategy that aligns with key corporate milestones such as technology disclosure, product launch, and fundraising. This enables applicants to secure patent rights in a manner that is coordinated with their commercialization timeline.
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