KIPO provided accelerated examination system for green technology patent application. It is to examine green technology patent application more expeditiously than normal track examination as well as accelerated track for other technology patent applications.
Korea enacted the Low-Carbon Green Growth Basic Act to promote new developments with low carbon and green growth. Under the new law, the government issues certification of green tech or financial aid to companies who are involved in green technology. Any inventions generated by such projects are eligible for the expedited examination. These include solar, wind, geothermal, tidal, wave energy, biofuels, energy storage technologies such as advanced batteries, other renewable energy techs. Also, it includes carbon capture and storage technologies, LED lighting, etc.
According to KIPO, an application may obtain examination result as the first office action within Ione (1) month from the request. It is really short time while it takes about 17 months on average to have the first OA for an ordinary application. In case an application is finally rejected and an applicant has appealed, the case will be processed as an accelerated appeal proceeding as well. The outcome of appeal will be provided within four months. Under normal appeal trials, it takes about ten months to be decided.
In order to request such expedited examination for green tech patent application, an applicant must submit a search report to KIPO. The prior art search report should be made from one of the official prior art search organizations designated by KIPO that includes Korea Institute of Patent Information, WIPS and IP Solution.
So far, examination results have been given within one month in all but a few cases that failed to satisfy the super-accelerated examination prerequisites. The fastest case to date took only 11 days from application to registration.
According to KIPO, an application may obtain examination result as the first office action within Ione (1) month from the request. It is really short time while it takes about 17 months on average to have the first OA for an ordinary application. In case an application is finally rejected and an applicant has appealed, the case will be processed as an accelerated appeal proceeding as well. The outcome of appeal will be provided within four months. Under normal appeal trials, it takes about ten months to be decided.
In order to request such expedited examination for green tech patent application, an applicant must submit a search report to KIPO. The prior art search report should be made from one of the official prior art search organizations designated by KIPO that includes Korea Institute of Patent Information, WIPS and IP Solution.
So far, examination results have been given within one month in all but a few cases that failed to satisfy the super-accelerated examination prerequisites. The fastest case to date took only 11 days from application to registration.
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