Asia Patent Alliance

Appeal trial in Korea

 

In Korea for about 64% of all applications (2012) where appeal was requested after a final rejection had been issued, a patent has been granted. We can say that the appeal system is effective.
After a final rejection has been issued there are two options:
1. Requesting appeal trial
2. Requesting re-examination
In both cases the request has to be filed within 30 days of the issued date of the final rejection.

Depending on whether amendments are made the procedures are different. If the applicant believes that the application is patentable without amendments, appeal is requested. It is also possible to amend the claims after a final rejection has been received. In this case re-examination will be requested and the application will be examined again based on the amended claims. Re-examination means that the same examiner will be examine the patentability of the application again. If the examiner judges the application as patentable, a notification of allowance will be issued. Otherwise a further final rejection will be issued. In response to this further final rejection appeal can be requested.
In the recent issues we explained the appeal/re-examination system in Japan, China and Korea. In all 3 countries it is possible to amend after a final rejection has been issued. In Japan and Korea appeal can be requested and it is characteristic that for more than half of the applications a patent will be granted.

Procedure after a final rejection has been issued

 photo FigENG_zps5543a295.jpg

 

Korea

 

 

Attorney Fees

Official Fees

Office action(argument)

JPY 50,000

KRW 0

Office action (amendment)

JPY 50,000

KRW 0

Requesting appeal trial

JPY 240,000JPY 290,000

KRW 150,000(KRW 15,000/claim)

Requesting re-examination + amendment

JPY 180,000JPY 280,000

KRW 100,000(KRW 10,000/claim)