1. Establishment of the
Separate Application System
Even if the final rejection by
the examiner is maintained by the decision of an IP Trial and Appellate Board,
the applicant may re-file another application within 30 days from receiving
date of the decision, after separating a part of the application that is
registrable.
2. Re-file for the Revision
of an Invention
If the first invention was revised,
even though the patent application passed through the examination and the
notice for the patent grant was issued, if the applicant did not pay the grant
fees, the applicant may file a revised patent application claiming priority
right based on the filing date in Korea.
3. Expansion of a Subject for Re-examination
Until now, the re-examination
was available only for a patent application which was rejected by an examiner.
Hereinafter, if a patent
application was not registered, even though the notice for patent grant was
issued, the applicant may demand reexamination even for a registrable patent
application.
Further, the period for demanding
reexamination was extended to three months.
4. Extension of Trial Demand Period against a Decision of Rejection of a Patent Application (same as
patent, design and trademark)
The trial demand period
against a decision of rejection of a patent application by the examiner was
extended from 30 days to 3 months.
5. Strengthening of Ex Officio Re-examination by the Examiner for Trademark and Design
Even if a decision of registration for a trademark
or design application was decided by an examiner, if the examiner finds a clear
reason for rejection before the payment of the registration fee, the examiner
can cancel the decision of registration and examine again, ex officio, in order
to avoid conflicts by blocking the occurrence of weak rights having reasons for
invalidation in advance.
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