Three-track Patent and Utility Model Examination System
The three-track patent and utility model examination system, launched on October 1, 2008, enables customers to select the examination track that best suits their patent strategy.
Customers can choose from accelerated, regular, or customer-deferred examination. The accelerated track helps customers acquire patent rights expeditiously in order to allow them to secure an exclusive market position.
The customer-deferred track, on the other hand, gives customers ample time to prepare in commercializing the invention.
Results of the three-track patent examination system
In 2013, there were 25,609 cases of accelerated examination, 149 cases of customer-deferred examination, and 165 cases of super-accelerated examination. In 2013, requests for the accelerated examination track accounted for 14.7 percent of all examination requests, a slight rise from 24,066 in 2012. Requests for the customer-deferred examination track accounted for 0.1 percent of all requests. The former accelerated examination system was limited to select applicants, such as business start-ups and governmental entities. However, now any applicant can request accelerated examination so long as they submit a prior art search report from an officially designated search organization. In addition, any applicant who sees a strategic advantage in choosing to delay their examination can request a customer-deferred examination.
Super-accelerated examinations for green technology
Our super-accelerated examination system for green technology was introduced in October 2009. The aim of this system is to ensure that examination results for green technology are provided more expeditiously than with the accelerated track (that is, within a month of the request).
This system, which was researched and developed in accordance with the national strategy for low carbon, green growth, is limited to technologies that are legally classified (via governmental financial aid or certification) as "green," or designated in such environmental legislation as the Air Environment Preservation Act. Since April 2010, products generated through various aid policies under the Low-Carbon Green Growth Basic Act have become eligible for super-accelerated examination.
Other prerequisites for super-accelerated examination include an online application, a prior art search report from an officially designated prior art search organization (for example, Korea Institute of Patent Information, WIPS, and IP Solution), and a written explanation as to why the super-accelerated examination option was selected.
So far, super-accelerated examination results have been provided within one month in all but a few cases that failed to satisfy certain prerequisites. To date, the fastest case took only 11 days from application to registration. The super-accelerated examination period is sixteen months shorter than regular examination (about seventeen months on average), and two months shorter than accelerated examinations (about three months on average).
If an application is rejected at the end of a super-accelerated patent examination, it will be processed as a super-accelerated trial, and the results of the trial will be provided within four months. The super-accelerated trial is about six months shorter than regular trials, which generally take about ten months.
In light of global environmental concerns, expediting green technology in this way can be seen as a great benefit to the world at large.
In 2013, requests for super-accelerated examination for green technology totaled 165 in 2013, a decrease from 220 in 2012.
Last updated 24 May 2016
Trade and Cooperation Division