Applications for which Preferential Examinations can be Requested

According to Article 61 of the Patent Act, the Commissioner of KIPO may have a particular category of patent application examined ahead of other patent applications. KIPO's Regulation Concerning the Expedited Examination provides that applications eligible for such expedited examination are limited to the following cases.

 

    1. The claimed invention has been commercially worked by a 3rd party, after the application
        was laid open

    2. The claimed invention pertains to the defense industry
    3. The claimed invention is useful for preventing environmental pollution
    4. The claimed invention relates to export promotion
    5. The claimed invention serves the Korean government or a public entity
    6. The applicant is a "venture" as identified in Article 25 of the Special Act for the Support of
        Venture Businesses
    7. The claimed invention relates to a product that contributes to a new technology development
        and promotes businesses
    8. A patent application concerning the results of the State's project for supporting the
        development of new technology or quality certification
    9. The application is the basic application from which priority is claimed in a later-filed foreign
        application under the Paris Convention, where the later application claiming priority from the
        basic application is pending before the foreign Patent Office
  10. The applicant is using or preparing to use the claimed invention in Korea
  11. The application promotes e-commerce in accordance with Article 2 of the Basic Act for
        E-Commerce
  12. A patent application on which the Commissioner of KIPO has agreed with the commissioner
        of any foreign intellectual property office to preferentially examine it
  13. A patent application for which a person who intends to file an application for expedited
        examination retained a specialized institution to search prior art with respect to the invention
        for which the patent application is pending, and requested the specialized institution to notify
        the result of the search to the Commissioner of KIPO