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Accelerated examination system in Korea

Flow chart of an accelerated examination
Flow chart of an accelerated examination
According to Article 61 of the Patent Act, the Commissioner of KIPO may have a particular category of patent applications examined ahead of the others. KIPO's regulation concerning the procedure for handling requests for accelerated examination provides that applications eligible for such expedited examination are limited to the following categories:
(1) in case it is considered that an invention has been commercially worked by a person who is not the applicant, after his application has been laid-open;
(2) in case the application is one of the kinds of applications stipulated in the Presidential decree and regarded as urgent
(i) it relates to goods for defense industry and processes for the preparation thereof, as defined in the Special Measures Act Relating to Defense Industry
(ii) it relates to facilities for the prevention of environmental pollution or a process thereof
(iii) it is directly involved in the promotion of export as evidenced by export records, a letter of credit, a request for validating patent rights from the buyer of expected goods, or documents related to the adoption of international standards
(iv) it is made officially by an employee of the central government, a local government(including application filed by exclusive organizations for technology transfer and commercialization, which were established in national and public school)
(v) patent applications that the KIPO Commissioner and the heads of patent offices in other countries agreed to examine on a priority basis
(vi) applications about which anyone requests one of the KIPO-approved agencies(namely the Korea Institute of Patent Information/WIPS Co., Ltd./the Korea IP Protection Technology Institute Co., Ltd./and the IP Solution Co., Ltd.) to conduct the prior art search and asks the agency to forward the search results to the KIPO commissioner
(vii) and so forth
A person who desires an accelerated examination of his application must submit a written request together with a statement explaining the necessity thereof in detail and any evidence supporting the statement
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