The Korean Intellectual Property Office (KIPO) is operating normally but has made some announcements in view of the COVID-19 situation. 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 June 1, 2020 and Possibility for Additional Extensions

KIPO has decided to extend various prosecution deadlines (e.g., a response deadline for a preliminary rejection) relating to patents, utility models, designs, and trademarks. KIPO previously announced that deadlines falling between March 31, 2020 and April 29, 2020 will be automatically extended until May 4, 2020 (rolls over from April 30 and May 1 holidays). However, KIPO announced on April 28 that further automatic extensions would be provided. Specifically, deadlines falling between March 31, 2020 and May 30, 2020 have been automatically extended to June 1, 2020 (rolls over from Sunday May 31). However, the automatic extensions will not apply to deadlines for responding to a final rejection (i.e., filing a request for re-examination or an appeal) against a patent application, a deadline for responding to a preliminary rejection against an international trademark application, or a deadline to file an opposition in a trademark matter.

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 Missed 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 filed less than one year from the expiration of the deadline. For example, 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; and
• deadline to file an appeal against a final rejection before the Intellectual Property Trial and Appeal Board (IPTAB).

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.

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.