KIPO'S POLICY SHIFT FROM "FAST-FOR-ALL" EXAMINATION TO "CUSTOMER-TAILORED" HIGH QUALITY EXAMINATION
Korean Intellectual Property Office ("KIPO") Commissioner Jung-Sik Koh announced in a press briefing on June 18, 2008, that KIPO is shifting its policy focus from "fast-for-all" examinations to "customer-tailored" high quality examinations. Under the current system, KIPO had a strong emphasis on speed. The first office action was usually sent out within 10 to 12 months from the request for examination. Under the proposed system (scheduled to start on October 1, 2008), KIPO will allow applicants to choose one of three examination tracks: accelerated, normal, or delayed examination.

A recent survey of 1000 applicants who filed patent applications revealed that the quality of the patent examination has become an important concern for applicants. The survey also indicated that a customer-tailored examination process is preferred over simply expediting the examination process for all cases. In view of the survey results, KIPO decided that a shift in policy focus was needed.

Under the proposed "accelerated" examination track, applicants can expect to receive office actions within 2-3 months of filing their petition for accelerated examination. KIPO will also broaden the scope of eligible applications by allowing accelerated examination if the applicant has obtained or requested a prior art search from one of the four authorized organizations (designated by KIPO). On the other end of the spectrum, KIPO also plans to launch a "delayed" examination track wherein an applicant can choose the time for KIPO to commence the examination ranging from 18 months after the petition for delayed examination to 5 years after the filing date. The petition for delayed examination can be filed within 6 months after filing the request for examination and can be withdrawn and amended within 2 months after filing the petition. For the "normal" examination track, KIPO will attempt to keep the average pendency of the first office action to less than 16 months (while this is a slight increase from the current pendency period, it remains one of the world's fastest response times).

In addition to the 3-track examination system, KIPO will take measures to improve the quality of examinations, noting that 91.4% of those surveyed believed KIPO should provide examinations that are competitive with those of the leading nations in the IP field. The ultimate goal of this policy shift is to produce strong and solid patent rights in view of global standards.

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