Expedited examination has shortened the time for receiving office actions in the Korean Intellectual Property Office (KIPO), and increased the grant rate of applications that qualified for expedited examination. In Korea, applications that qualified for expedited examination via the patent prosecution highway (PPH) program had a higher grant rate and shorter pendency than applications examined under the regular examination system, as shown in Table 1 below.

Table 1. Comparison of regular examination and expedited examination of a patent application at KIPO in 2022

Source: PPH Portal - https://www.jpo.go.jp/e/toppage/pph-portal/

KIPO allowed expedited examination based on the following grounds: i) Patent Prosecution Highway (PPH) program; ii) if a third party is engaging in an on-going use of the claimed invention; (iii) green technology; iv) prior art search conducted by a KIPO-designated agency; or (v) other grounds listed in Article 61(2) of the Korean Patent Act ("KPA"). As shown in Table 2 below, the number of applications for expedited examination increased from 2020 to 2022.

Table 2. Number of applications for expedited examination for patents and utility models from 2020 to 2022 according to qualifying grounds

Source: KIPO Annual Report (2022)

In an effort to expedite patent examination and grant in key technology areas that are vitally important to Korea, KIPO has further overhauled the expedited examination system by adding additional technologies and relaxing requirements for green technology patent applications that qualify for expedited examination. On the other hand, KIPO has removed prior art search conducted by an agency designated by KIPO as a ground for seeking expedited examination. Specifically, KIPO amended the qualifying grounds for expedited examination as follows.

1. Further expansion of the scope of 'advanced technology'

In 2022, KIPO amended the Enforcement Decree of the KPA to allow expedited examination for "patent applications for advanced technology important for the national economy and national competitiveness." At that time, semiconductor technology was specified as an example of such advanced technology. In 2023, KIPO further extended the expedited examination system to apply to patent applications directed to display technology. Most recently, the scope of "advanced technology" has been expanded to include secondary battery technology (effective on February 19, 2024).

2. Relaxation of requirements for 'green technology' patent applications

In the past, patent applications directed to "green technology" as defined under the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis ("Framework Act") have been eligible for expedited examination if the applicants met certain requirements such as certification as "green companies" or support from the government (Government Aid for Green Technologies and Industries). Later this year, such eligibility requirements will no longer be required. Instead, patent applications will be eligible for expedited examination as long as they are directed to "green technology" as defined in the Framework Act.

3. Prior art search conducted by an agency designated by KIPO no longer qualifies a patent application for expedited examination

In order to increase efficiency and allow its expedited examination system to focus more on applications covering key technologies such as semiconductor, display, and secondary battery technologies, KIPO has removed prior art search conducted by a KIPO-designated agency as one of the qualifying grounds for expedited examination (effective on January 1, 2024). As shown in Table 2 above, the largest number of applications for expedited examination at KIPO from 2020 to 2022 was based on the prior art search ground. With the removal of this prior art search ground, KIPO is expected to have more examination capacity to handle applications eligible for expedited examination under the other grounds. 

In summary, expedited examination is available in Korea for patent applications based on any of the following grounds: (i) the application is filed under the PPH program; (ii) the claimed invention is being worked by a third party; (iii) the application is directed to a "green technology" as defined in the Framework Act; (iv) the application is for a semiconductor, display, or secondary battery technology that qualifies as advanced technology; or (v) other grounds listed in Article 61(2) of the KPA.