Amendments to South Korean patent law

On 29 July 2015, amendments to Korean patent law, extending the deadline for filing a divisional application and for obtaining a 12 month grace period, will come into effect.

According to the revised Patent Act, for applications filed on or after 29 July 2015, even if the applicant has not claimed the benefit of the 12-month novelty grace period at the time of filing the application, the applicant still may claim benefit of the grace period in writing or submit supporting documents (i) within the time frame for filing an amendment, or (ii) three months from the date of receipt of a notice of allowance or the registration of a patent, whichever comes first.

A divisional application can now be filed after the issuance of a notice of allowance. The divisional application must be filed within the earlier of three months from the date of receipt of the notice of allowance or the registration of the patent. This revision is applicable to patent applications for which a notice of allowance is received on or after 29 July 2015.

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