Asia Patent Alliance

About the time frame for filing responses to office actions


The time frame for filing response to office actions issued by the patent office during the application stage is different in Japan, China and Korea. It this time frame for consideration and preparation of a response to the office action and therefore of importance.


Time frame for filing responses

Availability of extension

Japan

3 months from the issue date of the OA

1 month extension can be used for three times maximum

Korea

2 months from the issue date of the OA

1 month extension can be used for four times maximum

China

1st OA 4 months, 2nd OA 2 months

Can be extended for two months



In Japan a time frame of three months from the issue date of the OA is established for foreign applicants, this is about one month longer than the time frame for Japanese applicants. In China the time frame is even longer (4 months), but in Korea attention should be paid it since the frame is short (2 months). Also characteristic for China is that the time frame for the second OA is shorter than the time frame for the 1st OA.
Regarding the extension of the time frame, in Korea, Japan and China it can be extended for a maximum of 4 months, 3 months and 2 months respectively. In Japan and Korea you have to complete a special procedure each time the time frame is extended for one month. Also, in Japan for obtaining an extension of more than one month you have to provide reasons like the execution of experiments for confirming the effect of the invention. In the three countries the time frame can be extended as described above, but the extension is conditional upon extra official fees.