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Title : The New Designated Period Extension System – In Effect on July 1, 2008
Writer : admin Date : 2008/06/14 14:31:58 View : 6208

1. The following informs a Designated Period Extension System in relation with patents and utility models, which will be newly in force from July 1, 2008:


          The designated period of the Office Action (two months) can be extended for maximum of four months when the extension is requested for exceeding four months, there is a requirement to show a good cause in the Request.


          When the time extension is requested for within four months, the extension is automatically approved.  When the time extension is requested exceeding four months, the Examiner decides whether the cause for the request is beyond the acceptable cases as indicated below, then decides whether the request should be approved or not.


The following are the acceptable causes for requesting the overtime extension:


(1)   An attorney is designated for the first time, or all of the designated attorneys are fired or changed within one month of the time expiration.

(2)   A Change of Applicant is submitted within one month of the time expiration.

(3)   A result of the examination is notified from the foreign patent office within two months of the time expiration, and an amendment is conducted based on the result; at this time, the Request must be submitted with a copy of the notice of the examination result and a copy of claims which the examination are conducted based on.

(4)   The delivery of the Office Action is delayed for more than one month; at this time, the further extension is possible for one month.

(5)   An original or a divisional application is pending in a trial or a lawsuit.

(6)   A test or a measurement in relation with the reasons for rejection needs further time.

(7)   Where the time extension is inevitable because of reasons that were not created by the applicant.



However, when a third party requests a time extension, even in the cases of (1) to (5) are unacceptable.