KR·US CSP
Request procedure
(Overall procedure) ‘CSP request, requirements for CSP request, sharing of prior art between the offices, sharing the result of the first office actions between the offices’ added to the normal examination route of both the offices
(Sharing between the offices) ‘The fact of CSP request, evaluation of compliance with requirements for CSP request(provisional decision, request for supplement, final decision), prior art information, the result of the first office actions’ shared between the offices
| KIPO | Share | USPTO | Period |
|---|---|---|---|
| Application(Applicant) | Application(Applicant) | ||
| Examination Requested(Applicant) | |||
| Emphasis - CSP Requested(Applicant) | Share | Emphasis - CSP Request(Applicant) | within 15 days from the date of filing a CSP request to any one of the offices |
| Emphasis - Evaluation of Compliance with Requirements for CSP Request | Emphasis - Evaluation of Compliance with Requirements for CSP Request | ||
| Provisional Decision (KIPO) | Provisional Decision (The USPTO) | Within 7 days of the completion of CSP request to both offices | |
| Grant of the CSP Request | Grant of the CSP Request | Promptly | |
| Emphasis - Establish the Search Report | Share | Emphasis - Establish the Search Report | Within 4 months from the date of the final decision issued by the Office of the First Filing (OFF) |
| Emphasis - The First Office Action | Share | Emphasis - The First Office Action | Within 2 months from the date when prior art searches are being shared between the offices |
| Amendment(Applicant) | Amendment(Applicant) | ||
| Final Decision | Final Decision |
Application period
Time period for the request: The Second CSP* will be implemented for 3 years from Nov. 1, 2017 to Oct. 31, 2020. If more than 400 requests are filed annually, the requests could be limited.
* The first pilot period : Sep. 1, 2015 ~ Aug. 31, 2017 (2 consecutive years)
Application Form
Required documents for CSP request: A CSP request form* where the applicant, the application number and the earliest priority date are described is transmitted to both offices within 15 days from the date of filing a CSP request to any one of the offices, and the US application and a claim correspondence table should be enclosed.
* KR-US CSP Request Form (Downloadable) / Needed when filing a request of CSP to the USPTO
Requirements for CSP request
① The earliest priority date of the applications filled in KIPO and the USPTO is the same
② The examination request is made before or at the same time as the CSP request is being filed
③ The CSP request is filed before the first office action is issued
④ The CSP request is filed based on a single application
⑤ Corresponding claims of the requests filed in KIPO and the USPTO are identical
⑥ The earliest priority date is March 16, 2013 or later
⑦ The number of claims is 20 or less, and among them, independent claims are 3 or less
⑧ The claim referring to 2 or more claims is excluded (USPTO Requirement)
⑨ The requirement for unity of invention is met
KR·CN CSP
Request procedure
(Overall procedure) 'CSP request, requirements for CSP request, sharing of prior art between the offices' are added to the normal examination route of both the offices
(Sharing between the offices) 'The fact of CSP request, evaluation of compliance with requirements for CSP request(provisional decision, request for supplement, final decision), prior art information' shared between the offices
| KIPO | Share | CNIPA | Period |
|---|---|---|---|
| Accept an application | Accept an application | 18 months from the filing date or earlier than that upon the request of the early publication | |
| Publication | |||
| Accept the Request for Examination | Notification on Entering the Substantive Examination Procedure of CN application | ||
| Emphasis - Accept the CSP Request | Exchange the fact | Emphasis - Accept the CSP Request |
Request the CSP for both offices witthin 15days 7days (extended with a correction order) |
| Emphasis - Check the Requirements for the CSP Request | Emphasis - Check the Requirements for the CSP Request | ||
| Temporary Decision | Exchange the result | Temporary Decision | Promptly |
| Final Decision | Exchange the result | Final Decision | 4 months |
| Emphasis - Make a Search Report | Exchange the result | Emphasis - Make a Search Report | |
| Emphasis - First Office Action | Emphasis - First Office Action | ||
| Accept Amendment | Accept Amendment | ||
| Grant/Refusal | Grant/Refusal |
Application period
Time period for the request: The KIPO·CNIPA CSP will be implemented for 2 years from Jan. 1, 2019 to Dec. 31, 2020. If more than 400 requests are filed for 2 years, the requests could be limited.
Application Form
Required documents for CSP request: A CSP request form* where the applicant, the application number and the earliest priority date are described is transmitted to both offices within 15 days from the date of filing a CSP request to any one of the offices, and the China application and a claim correspondence table should be enclosed.
* KR-CN CSP Request Form (Downloadable) / Needed when filing a request of CSP to the CNIPA
Requirements for CSP request
① The earliest priority date of the applications filled in KIPO and the CNIPA is the same.
(The patent application in KIPO and the CNIPA must have the same priority date under the Paris Route,
or one application was taken as the basis for claiming foreign priority of the other application under the Paris Route.)
② The examination request is made before or at the same time as the CSP request is being filed
③ The CSP request is filed before the first office action is issued
④ The CSP request is filed based on a single application
⑤ Corresponding claims of the requests filed in KIPO and the CNIPA are identical
⑥ Applicants in KIPO and the CNIPA are identical.
※ If the number of request of CSP is over 400 for 2 years (200 CSP petitions for Korean applicants and Chinese applicants, respectively)
totally, it is possible to limit the request.
US·JP CSP
