Lee International

The Korean Intellectual Property Office has announced that the revised Enforcement Rules of the Patent Act and the Utility Model Act will take effect as of July 11, 2025.​

Below is a summary of the key revisions.

A. Extension of the Response Period for Office Actions (from 2 months to 4 months)

Under the revised Rules, the response period for an Office Action will be extended from the current 2 months to 4 months. This extension is expected to provide applicants sufficient time to prepare their responses, while also reducing the administrative burden and costs associated with frequent extension requests.

B. Deferred Examination for Divisional Applications

The revised Rules will also allow applicants to request deferred examination for divisional applications.  Specifically, a request to defer examination may be filed within 9 months from the date on which examination is requested.  Applicants may designate a desired deferral end date (i.e., desired examination commencement date), which must fall between 2 years from the filing date of a request for examination and 5 years ​from the filing date of the application.

According to the revised Rules, divisional applications filed before the effective date (July 11, 2025) may also be eligible for deferred examination, provided that the deferral request deadline (9 months from the date on which examination is requested) has not yet lapsed.  This change will offer greater strategic flexibility for applicants in industries such as telecommunications and biotechnology, where commercialization typically requires longer lead times, by allowing them to better align examination timing with their business objectives.

These revisions are expected to improve the efficiency and convenience of the patent examination process, while serving as a practical measure to support the development of high-quality patents.​