One of the most common questions we receive after filing a patent application is “When will it be registered?”
Patent rights do not arise at the time of application; rather, registration is determined through examination by the Korean Intellectual Property Office. Therefore, during the review process, we often have to respond to various business variables such as competitors' market entry, investment attraction, and product release schedule.
If you are in a situation where you need a quick patent examination, you may want to consider utilizing the ‘Accelerated Examination’ system.
In this article, we will take a closer look at what patent accelerated examination is, what the application requirements are, how short the examination period can be, and what to keep in mind when using it.
What is patent accelerated examination?
Accelerated patent examination is a system in which patent applications that meet certain requirements are examined before regular applications.
Not all patent applications are automatically eligible for accelerated examination, and an application must meet the requirements set forth in the Patent Act and the Notice on Applications for Accelerated Examination for Patents and Utility Models.
If accelerated examination is approved, the review will proceed faster than regular review, increasing the possibility of confirming registration at an earlier time.
However, accelerated examination is only a system that advances the examination order and is not a system that guarantees patent registration. Registration requirements such as novelty, inventive step, and specification requirements are reviewed based on the same standards as ordinary examination.
How much will the examination period be shortened if I apply for accelerated examination?
The thing that people considering accelerated examination are most curious about is “How much faster will it actually be?”
In the case of general examination, there are differences depending on the application field and examination backlog, but there are many cases in which it takes more than a year to begin examination.
If accelerated examination is approved, the first examination result, such as an office action, may generally be received within about two to four months of the request, depending on the case.
However, this is only a general processing trend, and the actual overall examination period may vary depending on the following factors.
- technology field
- Examiner workload
- Whether an office action is issued
- Timing of amendments and written responses
- Difficulty of the case
In other words, it is appropriate to understand that accelerated examination is a system that helps to quickly respond to the project schedule by significantly advancing the start of examination.
In what cases can I apply for accelerated examination?
Accelerated examination does not apply to all applications, but can be applied only if certain requirements are met.
Representative examples include:
- When the applied invention is actually being implemented
This is when the invention is being used in actual business, such as producing or selling a product or providing a service.
- When preparations are in progress to implement the applied invention
Just because a product is scheduled for release doesn't mean it's recognized.
You can apply for accelerated examination if you have data that can objectively prove that preparations for implementation are in progress, such as building production facilities, producing prototypes, concluding sales contracts, and preparing advertisements.
- If a third party is practicing the invention without permission
This is a case where it is necessary to quickly secure rights because a competitor is using the technology without permission after the application has been published.
- Fields specified in relevant regulations, such as national strategic technology
Technology fields specified in relevant laws or notices, such as semiconductors, advanced biotechnology, artificial intelligence (AI), and carbon neutrality, may be subject to accelerated examination.
In this case, actively consider accelerated examination.
1. When a new product is about to be launched
If a patent examination is conducted before a product is launched, it can be helpful to establish a market entry strategy by confirming more quickly whether the rights have been secured.
2. Startups preparing to attract investment
Investment screening often comprehensively reviews not only registered patents but also patent applications, technology, and business feasibility.
Quickly confirming whether rights are secured can be a positive factor in demonstrating technological competitiveness or responding to investment schedules.
3. When a dispute with a competitor is expected
If a competitor has launched or is preparing to launch a similar technology, accelerated examination may be considered to confirm the scope of rights early.
4. When preparing to expand overseas
In cases where domestic patent examination results are linked to overseas rights securing strategies, faster examination may be helpful.
If I apply for accelerated examination, will I be registered quickly?
Many people think that applying for accelerated examination will necessarily speed up patent registration, but this is not necessarily true.
Accelerated examination is a system that advances the examination order, and registration is determined based on the same standards as ordinary examination.
If you do not meet the following patent requirements, a rejection decision may be made even if you apply for accelerated examination.
- novelty
- inventive step
- Industrial applicability
- Specification requirements
- Other registration requirements under the Patent Act
Additionally, if a office action is sent during the examination process, the entire examination schedule may vary depending on the applicant's response period.
How to use accelerated examination effectively
- Complete specifications faithfully from the application stage
Accelerated examination is a system that accelerates examination, so if the specification is not complete, you may be notified of the reason for rejection rather quickly.
It is important to thoroughly review the scope of rights from the application stage and strategically prepare the specification.
- Review the requirements for applying for accelerated examination in advance
Accelerated examination is not granted just by submitting an application.
Depending on the case, materials that can prove the fact of implementation or preparation for implementation, etc. may be required, so it is recommended to review in advance whether you can apply.
- Use strategically with your business schedule
If you consider key schedules such as product launch, investment attraction, overseas applications, and technology transfer along with accelerated examination, you can establish a more effective rights securing strategy.
- Respond quickly to office actions
As the examination progresses quickly, responding quickly to the KIPO's office action or request for correction will help shorten the overall examination period.
Patents can have a significant impact on business competitiveness, not just whether or not they are registered, but also when the rights are secured. In particular, if you are planning to launch a new product, attract investment, transfer technology, or advance overseas, you may need a strategy to accelerate the examination period.
Accelerated examination is a system that helps you initiate examination and confirm registration more quickly in these situations.
However, not all applications are eligible, application requirements must be met, and registration is not guaranteed. Therefore, it is advisable to consider whether to use accelerated examination by considering the application strategy and business schedule together.
If you are in a situation where you need to register a patent quickly or are considering whether you can apply for accelerated examination, please consult with an expert to develop the optimal rights securing strategy that fits your business plan.
This article reflects the information available when it was published. Contact us to discuss your circumstances.