The Korean Intellectual Property Office (KIPO) is generally operating normally but has made some announcements in view of the COVID-19 outbreak. Please be advised that the following measures are not limited to patents but also apply to other types of IP such as utility models, designs, and trademarks:

Limiting In-Person Interviews

KIPO is limiting in-person interviews (including technical presentation hearings) with prosecution examiners or trial examiners for the time being. Instead, phone interviews and video conferencing are available and recommended by KIPO.

Automatic Extension Until May 4, 2020 with Possibility for Additional Extensions

KIPO has decided to extend various prosecution deadlines relating to patents, utility models, designs, and trademarks. Thus, certain deadlines falling between March 31, 2020 and April 29, 2020 will be automatically extended until April 30, 2020. Moreover, since both April 30, 2020 and May 1, 2020 are public holidays, the effective deadline will become the next business day, Monday, May 4, 2020. However, please note that the automatic extensions will not apply to deadlines for responding to a final rejection.

Additional extensions to respond to a preliminary rejection beyond the normal 4 month extension period will likely be granted if based on good cause (e.g., if based on COVID-19 related issues). 

Remedies for Failing to Meet Certain Deadlines 

Some missed deadlines may be remedied.  Requests to remedy missed deadlines must (1) be filed with supporting evidence showing COVID-19 related reasons; (2) be filed not more than two months from the date that the reason for delay ceased to exist; and (3) be less than one year since expiration of the deadline. Moreover, if the request to remedy a missed deadline is filed on or before April 30 2020, the requirement for supporting evidence showing COVID-19 related reasons is not needed. The following missed deadlines may be remedied:

• Designated deadline to submit POA. 
• Deadline to file request for examination or re-examination of patent application.
• Grace period for paying patent registration and maintenance fees.
• Deadline to file an appeal against a final rejection before the Intellectual Property Trial and Appeal Board (IPTAB).

Suspensions and Extensions in IPTAB Proceedings

Suspensions and extensions of deadlines for and during IPTAB proceedings (e.g., in invalidation actions, scope confirmation actions, correction actions, and cancellation actions) are likely to be granted if due to COVID-19 related issues. 

Despite the various measures taken by KIPO, please be advised that certain deadlines such as the deadline for PCT national phase entry remain unchanged and cannot be extended or missed.